LEGAL ISSUES FOR FAMILY CHILDCARE PROVIDERS
As a family childcare business owner, you need to be aware of the laws that pertain to operating a business in your town and state. You also need to be aware of the many laws that pertain to child custody, child safety, and neglect. Knowing the laws and where to find them is essential to protecting you and your business investment. In addition, you should be aware of situations that may become legal problems. This fact sheet will make you aware of some laws and issues to be aware of, however, many states interrupt the laws and licensing regulations differently. It is important that if you have legal or licensing questions, you should talk with a lawyer or licensor.
Here are some legalities you need to be aware of:
LICENSING REQUIREMENTS
Massachusetts has regulations that must be followed in order to have a family childcare license. You should have a copy of those regulations in your files. Read them. Become familiar with the regulations. When reading them if you find something you do not understand or are not clear with ask your licensor for clarification.
You have put a lot of time, planning, and money into your childcare business. Being out of compliance can seriously jeopardize your business.
MANDATED REPORTING
Massachusetts has laws about reporting child abuse and/or neglect. You are mandated to report any suspected abuse or neglect of a child. In many cases if a mandated reporter knowingly fails to report, that provider may be guilty of a gross misdemeanor and face jail time or fines. Mandated reporters are protected by law and cannot be sued for making reports that are not substantiated. You do however, have to have a reasonable suspicion that abuse has occurred. Carefully and completely document your reasons for suspecting abuse or neglect.
An excellent resource for mandatory reporters is the Child Welfare Information Gateway site. www.chldwelfare.gov/systemwide/laws_polcies/statues/manda.pdf
MEDICAL PRIVACY
It is always a good idea to get a parent to sign a permission statement before acquiring or disclosing any personal medical information to other parents.
For example - children with HIV/AIDS.
PLAYGROUND REGULATIONS
Research and know the laws that regulate playground equipment that you may install on your property for the children. Talk to your town and your licensors to make sure your meet all the regulations.
LEAD PAINT
Have your home tested for lead paint. It is a good idea to require children that are enrolling in your childcare home to have a lead paint test done before you start care. There have been occasions where a parent has accused the childcare home as the cause of their child’s elevated lead paint test results. You protect yourself and your business by having the lead paint limit documented before child has been in your home.
CONFIDENTIALITY
Confidentiality can raise legal issues. Keep children’s personal records in a file that is locked or not accessible to others. Make sure you do not keep personal information on a computer file that can be accessed by others. Have passwords designed to keep these files secure.
Publishing the image of a child online or on advertising flyers without parent’s permission is a breach of confidentiality. Always get permission slips from parents before displaying photos on social media or anywhere. Make sure the permission slip has: child’s name, date, and specifically what the pictures will be used for.
Know which agencies can view your childcare records. Ask yourself is seeing my records a contractual requirement? Is it a licensing requirement? When in doubt seek a lawyer’s advice.
ESSENTIAL ENROLLMENT INFORMATION
When a person enrolls a child, establish what the adult’s relationship is to the child.
If a mother verbally tells you that the child’s father cannot pick up the child, you must have a copy of the court’s documents proving that in your file.
This requires that you have paperwork on file that states who has legal custody; do they have joint-custody and restraining orders that may be in place.
Ask if there are any legal or court proceedings currently on-going regarding the child.
You should have forms stating other than a parent, who is allowed to pick up the child. Police or a child welfare worker with the proper authorization may pick up the child.
Learn what the child’s living arrangements are.
For Example: whether the child lives with both parents, one parent, grandparents, stepparent, etc. You should have the name and contact information of the non-enrolling parent, regardless of whether the child has any contact with that parent.
(Child Care Law Center)