For childcare providers, the dropping off and picking up of children at a preschool is a critical exchange point of responsibility and liability. In order to limit provider liability, providers must maintain up-to-date release authorization cards indicating which individuals are permitted to pick up a child from their care. Without uptodate release authorizations, it can be unclear who is properly authorized to pick up a child, as in the case of a parent who has recently lost custody.
In thinking about operating a child care program, the first legal matter which must be decided is the questions of what type of organization should be used for the program. The business structure must match the legal needs and plans of the program, operators and clients. The decision about type of organization is the initial decision around which all other legal-related decisions will focus.
A preschool environment can be a playful place or it can become the subject of legal dispute. In this case, the administrator and any attending or supervising teacher will be scheduled for a deposition to provide information about the incident. Those in attendance will have to answer probing questions from an examining attorney. Unlike a trial, the questions may not be directly related to the particular case, so anyone who attends a deposition must fully understand and prepare for the procedure.
REPORTING & REPORT WRITING
The first rule of writing an incident report is to investigate thoroughly by asking “THE RIGHT” questions of everyone involved and anyone who might have witnessed anything and then to accurately state the facts without commentary, embellishment or speculation.
An admissions agreement must be seen as much more than a basic sign-up sheet for enrolling their children in a school or childcare facility. Even the most minimal of agreements provide basics such as days and time of operation and the fees charged, but an agreement can and should be a comprehensive document that governs the relationship between the school and parents in the widest possible range of common scenarios. Without a comprehensive admission agreement that clarifies these rights, roles and responsibilities, the provider leaves herself open to legal disputes over money, child safety and the scope of agreement itself.
NEGLIGENT SUPERVISION LAW
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practices in the three areas that are inescapable in the childcare industry: law, education and business.