GUIDELINES FOR RELEASING CHILDREN
As a parent, you are contracted with a child care provider tocare for your child. You expect that their first obligation will be to keep your children safe. In order to do that, you must have open and honest communication with the provider who cares for your child. This is especially true when it comes to releasing your child from childcare.
Let’s look at the following scenario:
Sara enrolls her 3 year old son, Nathan, in a child care program. She fills out her parent information sheet with her contact information and signs a contract contract.
She is a single parent and doesn't give any other information. Sara drops off and picks up her child, Nathan, every day on time and he settles into the program with no problems. After a few months, a man comes to the chiild care and claims to be the Nathan’s father and he has come to pick him up. He shows you his ID. Nathan looks up and sees the man. He runs to him and yells, “Daddy!”
The provider calls Sara, and Sara tells the provider NOT to let the child go as she and the father are going through a custody battle and she does not want him to take the child. The father is putting his son’s coat on and preparing to leave.
What can the provider do?
Legally what rights does the father have? What is your legal responsibility? This fact sheet will discuss the guidelines regarding the release of children in childcare.
WHO CAN YOUR CHILD BE RELEASED TO:
• The person or persons who have legal right to the child For example: parents and guardians
• Anyone who the legal parent or guardian has authorized in writing
• Civil authorities – Upon receiving proper written identification and/or documents authorizing you to release the child. For example: police, paramedics, child welfare workers
Look at our scenario, so far your provider has done the right thing, she:
• Did not immediately turn over the child
• Asked for the person’s name and ID
•Let the person know that her procedure is to release the child only to authorized persons.
• Immediately called Sara to let her know what was happening.
However, It is important to note that if the person is the child’s legal parent and you have no court order or custody documents on file your provider must release the child.
if you are the only parent enrolling your child, ALWAYS give the provider complete information about the other parent. let her know if there are any legal custody issues she needs to be aware of.
Determine the relationship of each parent. Is the child a stepchild? Has the stepparent adopted the child? Is there another legal parent who has legal right to the child? Understand that the child care provider is legally bound to release the child to the other legal parent if you do not have any court documents in your file stating otherwise. This policy should be in writing in your contract or policy handbook, make sure it is signed and dated.
Here are other issues you should dicuss with the child care provider:
WHAT iIS YOUR PROVIDER'S POLICY IF THE PERSON DEMANDS RELEASE OF THE CHILD AND TAKES THE CHILD BY FORCE AND LEAVES?
Learn what the provider's policy is. Point out to her that she should immediately call the police, write down a description with as much detail as you can of the person, the car, and which direction they went. Try to get the license plate number and write it down immediately. Notify you immediately.
WHAT IS YOUR PROVIDER'S POLICY IF AN AUTHORIZED PERSON COMES TO PICK UP THE CHILD AND SMELLS OF ALCOHOL OR SEEMS TO BE ON DRUGS?
Her policy should be to delay the parent. Call another authorized person, explain the situation and ask them to come to pick up the child. If the person becomes unruly or threatening, she may have to call the police. The safety of the child is most important. Make sure this is in the provider's policies and is signed and dated.
WHAT DOES YOUR PROVIDER DO IF AN AUTHORIZED PERSON COMES TO PICK UP A SMALL CHILD WITHOUT A PROPER CAR SEAT? Discuss with the provider the importance of a car seat and the laws pertaining to children being in car seats. Let her know that she must correct the situation immediately.
These are all issues you should put in your contract or Policies and Procedure Manual. Think about how you want to handle this situation and what steps you want your provider to take. If your provider does not have written policies, you could write out your policy and the procedure you want her to take.
Acknowledging and discussing situations surrounding the release of their child should be discussed before you start the child in any program. Open and honest discussion and communication lets the provider know ahead of time what you expect if any of these issues arise.
If the provider objects to any of your policies, you can choose to go to a different program. RESOURCE (
Public Counsel’s Early Care & Education Law Project)