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Old 06-24-2014, 03:40 PM
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Took a class on this and it was definetly an eye opener!

I can't believe the things parents have sued over or providers have been responsible for.

I also learned: Do not let staff or your own children babysit for clients. If anything happens to the child the parents can come back on your business because staff/own child should have been taught about the childcare business. It can come back on you that they weren't.

Have children within the hours you are open. If a parent comes before openening or comes after closing and something happens to child, your insurance may not cover it as child was not there during "business" hours.

Parents legally have a right to pick up if they are under the influense. You can cover yourself by documenting, calling police or when they sign up having a form for parents to sign stating exactly what will happen if they pick up under the influence.
This is a tricky situation as more people have the medical marijuana cards and I guess this has created issues for parents picking up children from child cares if they smell like they have been smoking or appear to have been.

These are just a few of the things I did learn and heard so many stories that made your mouth just drop open.
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Old 06-24-2014, 03:56 PM
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Took a class on this and it was definetly an eye opener!

I can't believe the things parents have sued over or providers have been responsible for.

I also learned: Do not let staff or your own children babysit for clients. If anything happens to the child the parents can come back on your business because staff/own child should have been taught about the childcare business. It can come back on you that they weren't.

Have children within the hours you are open. If a parent comes before openening or comes after closing and something happens to child, your insurance may not cover it as child was not there during "business" hours.

Parents legally have a right to pick up if they are under the influense. You can cover yourself by documenting, calling police or when they sign up having a form for parents to sign stating exactly what will happen if they pick up under the influence.
This is a tricky situation as more people have the medical marijuana cards and I guess this has created issues for parents picking up children from child cares if they smell like they have been smoking or appear to have been.

These are just a few of the things I did learn and heard so many stories that made your mouth just drop open.
Interesting! Tell me more.

I will never allow a parent under the influence to take off with one of my babies. That's an arrest I'm willing to take.
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Old 06-24-2014, 04:02 PM
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Yes, we want more! LOL

I have never had a drunk parent show up but I would put up a fuss for sure!

I had someone complain to the state because I had a fish tank (the parent didn't like that the water had a heater.) Sad for the kids because they really enjoyed those fish.
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Old 06-24-2014, 04:09 PM
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Interesting! Tell me more.

I will never allow a parent under the influence to take off with one of my babies. That's an arrest I'm willing to take.


Yeah I can't imagine just saying "ok, you're within your legal rights to break the law so here ya go! Bye!" Heck to the no! I would call the police before I let them take a child and get in a car under the influence. Obviously if they are under the influence the police can test them right then and there and decide. Would they have a legal leg to stand on in court because "my provider wouldn't let me take my child when I was driving drunk"
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Old 06-24-2014, 04:10 PM
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Took a class on this and it was definetly an eye opener!

I can't believe the things parents have sued over or providers have been responsible for.

I also learned: Do not let staff or your own children babysit for clients. If anything happens to the child the parents can come back on your business because staff/own child should have been taught about the childcare business. It can come back on you that they weren't.

Have children within the hours you are open. If a parent comes before openening or comes after closing and something happens to child, your insurance may not cover it as child was not there during "business" hours.

Parents legally have a right to pick up if they are under the influense. You can cover yourself by documenting, calling police or when they sign up having a form for parents to sign stating exactly what will happen if they pick up under the influence.
This is a tricky situation as more people have the medical marijuana cards and I guess this has created issues for parents picking up children from child cares if they smell like they have been smoking or appear to have been.

These are just a few of the things I did learn and heard so many stories that made your mouth just drop open.
Definitely interesting.

Wish all parents had to take that course.

It would help them understand then why I do what I do as far as rules and policies.

I already have myself covered in all the above situations.
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Old 06-24-2014, 04:25 PM
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Hmm. I have a family that will be coming a half hour early (outside of my business hours) for a couple months... Should I call licensing and get my hours changed??
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Old 06-24-2014, 04:26 PM
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Actually all parents won in most of the situations they were telling us.

I guess its not a course you would want parents to take as it would open up all kinds of things.


Oh one more very interesting thing-your parent handbooks/policies WILL NOT stand up in court! Only your contracts and a contract is only a document that is covering fees for payments and such.

I see where Nannyde and a couple others wanted to hear more. What kind of things would you like to hear?
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Old 06-24-2014, 04:27 PM
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Hmm. I have a family that will be coming a half hour early (outside of my business hours) for a couple months... Should I call licensing and get my hours changed??
Yes, yes and yes!!!!!
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Old 06-24-2014, 04:33 PM
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Was this a Tom Copeland training? It sounds like a lot of things he talks about.

I just had a similar conversation with my 9 yr old, about why he can NOT pick up any of the daycare children. I finally found Tom Copeland's blog post that mentions a provider being sued for $300,000 because an older child dropped an infant. I think that finally got through to him.
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Old 06-24-2014, 04:42 PM
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Originally Posted by AmyKidsCo View Post
Was this a Tom Copeland training? It sounds like a lot of things he talks about.

I just had a similar conversation with my 9 yr old, about why he can NOT pick up any of the daycare children. I finally found Tom Copeland's blog post that mentions a provider being sued for $300,000 because an older child dropped an infant. I think that finally got through to him.
No it was a class our R&R did for us. So interesting!

Kinda makes me rethink this profession after 17 years and the risk I'm putting myself and family through!
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Old 06-24-2014, 04:44 PM
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Oh one more thing I wanted to post and forgot!'

Parent have two years to come back on a child for an injury.

A child has up until they are 18 years old!

Also, never ever offer to pay anything for a childs injury until a lawyer is contacted. If you offer or pay it is admission of guilt.
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Old 06-24-2014, 04:53 PM
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Originally Posted by jenboo View Post
Hmm. I have a family that will be coming a half hour early (outside of my business hours) for a couple months... Should I call licensing and get my hours changed??
Not trying to hijack but I have a question similar to this. I open my center so I get there 20 min before opening. There have been times when parents show up after I do and try to enter. I tell them we're not open yet and they go back to the car. There have been countless times when I've seen the parent let the child(ren) run around the parking lot. I tell them for safety issues, they have to stay in the car. My question is if they were injured on the property even though we're closed, are we liable? Does my being in the building but not on the clock make a difference?
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Old 06-24-2014, 05:29 PM
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Not trying to hijack but I have a question similar to this. I open my center so I get there 20 min before opening. There have been times when parents show up after I do and try to enter. I tell them we're not open yet and they go back to the car. There have been countless times when I've seen the parent let the child(ren) run around the parking lot. I tell them for safety issues, they have to stay in the car. My question is if they were injured on the property even though we're closed, are we liable? Does my being in the building but not on the clock make a difference?
The short answer is yes, you are liable, it is still your premises and the parents have the right to sue you. Make sure you are operating with good liability insurance.
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Old 06-24-2014, 05:34 PM
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The short answer is yes, you are liable, it is still your premises and the parents have the right to sue you. Make sure you are operating with good liability insurance.
Thank you for chiming in!!!

I never knew there were actual companies for Daycare!
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Old 06-24-2014, 05:37 PM
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Oh one more thing I wanted to post and forgot!'

Parent have two years to come back on a child for an injury.

A child has up until they are 18 years old!

Also, never ever offer to pay anything for a childs injury until a lawyer is contacted. If you offer or pay it is admission of guilt.
Id like to chime in on this if I may. It is 100% Accurate that a child can make a claim up until the age of 18, so make sure your insurance policy is on an occurrence form. The insurance company will pay if its a covered claim during the policy period in which the incident occurred. A Claims-Made form may not pay for these incidents.

As for the offering to pay for the injuries, You want to make sure you have an accident medical policy to pay for these minor injuries. Most of the time as long as the medical bills are taken care of parents can be very understanding. And if they decide to sue you, which they will have the right to do whether or not you admit any guilt, your liability insurance will defend you and pay any claims arising out of the injury if it is a covered loss.
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Old 06-24-2014, 05:39 PM
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Hmmm, my assistant often babysits after hours. I guess I should rethink that one
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Old 06-24-2014, 05:42 PM
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Hmmm, my assistant often babysits after hours. I guess I should rethink that one
Yes, we were told to actually have helpers sign an agreement that they will not sit for clients after hours. If they won't sign I guess you don't hire is what I'm thinking.
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Old 06-24-2014, 05:45 PM
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I was happier before I read this thread
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Old 06-24-2014, 05:56 PM
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Id like to chime in on this if I may. It is 100% Accurate that a child can make a claim up until the age of 18, so make sure your insurance policy is on an occurrence form. The insurance company will pay if its a covered claim during the policy period in which the incident occurred. A Claims-Made form may not pay for these incidents.

As for the offering to pay for the injuries, You want to make sure you have an accident medical policy to pay for these minor injuries. Most of the time as long as the medical bills are taken care of parents can be very understanding. And if they decide to sue you, which they will have the right to do whether or not you admit any guilt, your liability insurance will defend you and pay any claims arising out of the injury if it is a covered loss.
For what it is worth, I have had DCI insurance for many years without a claim BUT I know 2 provider friends across my state that did and DCI was right there the entire way! All ended well! I pray I never have a claim but it is comforting to know I have DCI if I do!
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Old 06-24-2014, 06:18 PM
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Id like to chime in on this if I may. It is 100% Accurate that a child can make a claim up until the age of 18, so make sure your insurance policy is on an occurrence form. The insurance company will pay if its a covered claim during the policy period in which the incident occurred. A Claims-Made form may not pay for these incidents.

As for the offering to pay for the injuries, You want to make sure you have an accident medical policy to pay for these minor injuries. Most of the time as long as the medical bills are taken care of parents can be very understanding. And if they decide to sue you, which they will have the right to do whether or not you admit any guilt, your liability insurance will defend you and pay any claims arising out of the injury if it is a covered loss.
Can you explain these terms? I have not heard these before.
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Old 06-24-2014, 07:38 PM
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The short answer is yes, you are liable, it is still your premises and the parents have the right to sue you. Make sure you are operating with good liability insurance.
I'll ask about liability insurance. Last question, what if we have No Trespassing signs posted?
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Old 06-24-2014, 10:41 PM
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I'll ask about liability insurance. Last question, what if we have No Trespassing signs posted?
Here is a story the teacher told us!

The family owned a farm with orchards and a neighbor kid kept riding a dirt bike through the orchards even though there were no trespassing signs all over the place.

Family talked to parents and said we have signs posted and please quit riding through orchards.

A couple weeks later, the kids and a friend decided to ride through orchards on dirt bike. The driver ducked for a low limb but the friend did not, killed the kid (14 or 15). Parents sued and won-not sure on what grounds. The orchard owners insurance took care of it (I want to say medical but not sure).

My mouth hung open when I heard that story-
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Old 06-25-2014, 02:25 AM
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Oh, civil law!!...
The burden of proof in civil law is much more lax--whichever side is ruled 1% stronger (51%/100%) wins (unlike criminal law where it is based upon beyond all reasonable doubt).

As for the trespassing example, a property owner must ASSUME someone will trespass on his property. Typically, the only way a property owner would not be held liable in such a trespassing case is if he went way above and beyond to deter all trespassers--posting signs continuously, personally notifying neighbors, repeatedly calling the police to hunt down trespassers on his property, etc etc. He would have to have tons of documention of his past efforts. And if a property owner has any hazards (old wells, downed trees, etc) on his property, once again he must assume people will trespass and therefore be at risk of injury.

Civil law seems so unfair!...yet it provides a remedy for those who feel they were wronged or harmed somehow and feel they deserve more compensation than a criminal punishment can alone provide. People totally take advantage of this system but it is there nonetheless. Hence, liability insurance!!
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Old 06-25-2014, 06:11 AM
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Id like to chime in on this if I may. It is 100% Accurate that a child can make a claim up until the age of 18, so make sure your insurance policy is on an occurrence form. The insurance company will pay if its a covered claim during the policy period in which the incident occurred. A Claims-Made form may not pay for these incidents.

As for the offering to pay for the injuries, You want to make sure you have an accident medical policy to pay for these minor injuries. Most of the time as long as the medical bills are taken care of parents can be very understanding. And if they decide to sue you, which they will have the right to do whether or not you admit any guilt, your liability insurance will defend you and pay any claims arising out of the injury if it is a covered loss.
I am also confused about what you mean by 'occurrence form' and 'Claims-Made' form.

I have had DCI insurance since beginning my home childcare 18 years ago. I just retired last month. I was going to throw away most of my paperwork but should I now keep some in case something comes up in the future? Right now, I just have a six month policy with you because I knew I was retiring but it is still in effect.

Thanks, Laurel
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Old 06-25-2014, 06:17 AM
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Can you explain these terms? I have not heard these before.
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I am also confused about what you mean by 'occurrence form' and 'Claims-Made' form.

I have had DCI insurance since beginning my home childcare 18 years ago. I just retired last month. I was going to throw away most of my paperwork but should I now keep some in case something comes up in the future? Right now, I just have a six month policy with you because I knew I was retiring but it is still in effect.

Thanks, Laurel

There are two primary types of insurance policy forms: occurrence and claims-made.

Occurrence forms cover losses that happen during a given period of time (the policy term). The loss can be reported years later, but the key is when it happened.

A claims-made policy covers claims made during a given period of time. The loss may have happened many years in the past, but is reported during the current policy term.

As you can imagine, it is difficult to move from one type of form to the other. Occurrence forms are somewhat more valuable as they respond to claims years later.

A claims-made form has value, but no guarantee of continued insurablity, so if you are for some reason cancelled by an insurance company, you may not have coverage in the future for activities in the past. Some important aspects of claims-made policies that you may need to know are: retrospective date, extended reporting periods, and tail coverage, to name a few.

The key concept here is that a claims-made policy generally costs less than an occurrence policy, but you run the risk of not being covered for a potential claim because you didn't discover it until after your policy expired. As with all other aspects of insurance, the decision is a gamble, and you pay a price to lower your risk.
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Old 06-25-2014, 07:06 AM
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There are two primary types of insurance policy forms: occurrence and claims-made.

Occurrence forms cover losses that happen during a given period of time (the policy term). The loss can be reported years later, but the key is when it happened.

A claims-made policy covers claims made during a given period of time. The loss may have happened many years in the past, but is reported during the current policy term.

As you can imagine, it is difficult to move from one type of form to the other. Occurrence forms are somewhat more valuable as they respond to claims years later.

A claims-made form has value, but no guarantee of continued insurablity, so if you are for some reason cancelled by an insurance company, you may not have coverage in the future for activities in the past. Some important aspects of claims-made policies that you may need to know are: retrospective date, extended reporting periods, and tail coverage, to name a few.

The key concept here is that a claims-made policy generally costs less than an occurrence policy, but you run the risk of not being covered for a potential claim because you didn't discover it until after your policy expired. As with all other aspects of insurance, the decision is a gamble, and you pay a price to lower your risk.
Licensing in my state dictates the minimum insurance you can have which I think is a good thing because it forces home child care to purchase the insurance. This rule has been in effect for a long time. ...so much medical, occurrence, etc.
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Old 06-27-2014, 09:26 AM
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There are two primary types of insurance policy forms: occurrence and claims-made.

Occurrence forms cover losses that happen during a given period of time (the policy term). The loss can be reported years later, but the key is when it happened.

A claims-made policy covers claims made during a given period of time. The loss may have happened many years in the past, but is reported during the current policy term.

As you can imagine, it is difficult to move from one type of form to the other. Occurrence forms are somewhat more valuable as they respond to claims years later.

A claims-made form has value, but no guarantee of continued insurablity, so if you are for some reason cancelled by an insurance company, you may not have coverage in the future for activities in the past. Some important aspects of claims-made policies that you may need to know are: retrospective date, extended reporting periods, and tail coverage, to name a few.

The key concept here is that a claims-made policy generally costs less than an occurrence policy, but you run the risk of not being covered for a potential claim because you didn't discover it until after your policy expired. As with all other aspects of insurance, the decision is a gamble, and you pay a price to lower your risk.
I apologize for my delay in responding, Essentially this is correct. The reason why insurance companies offer "Claims-Made" Forms is basically because they do not want to pay claims years after your policy period.

Occurrence form in my opinion is the only way to go. When looking for insurance give the company you are checking out a call and simply ask them if their policy is Claims-Made or Occurrence. Claims-Made is better than no insurance at all but if you can find a company that offers Occurrence form you will be much better off.
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