LEGAL ISSUES FOR PARENTS-When Sending Your Child to Childcare
As a parent sending your child to childcare can be a daunting experience. There are some important legal issues for you and your child’s protection that you should make sure are in place when leaving your child with someone else in care.
CHILD CUSTODY LAWS
Make sure your childcare provider knows who can and who cannot pick up your child. This should be in writing and part of your contract with the provider.
If you are going through any child custody legal issues, your provider will need to have paperwork that states who has legal custody, joint custody, or if there are any restraining orders on file in a court. If your provider does not have these forms on file, they may have to release your child to the other legal parent.
Although this may seem like personal issues you may not want to share, it is vital that your provider know any issues that may be happening in your home that could affect the safety of your child. Make sure your provider always has all current legal paperwork and specific written instruction regarding releasing your child.
CONFIDENTIALITY
Childcare providers cannot use a picture or video of your child for advertising purposes, on social media, or anywhere else without your written permission. Many childcare providers today use social media to post or send you pictures or videos of your child during the day. As a parent you may enjoy seeing your child. Just be aware that you should find out where, and to whom your child’s pictures are being sent to.
CONTRACT
A family childcare provider should always have a contract for you to sign so that there are no discrepancies in the future. This contract should include:
• Your personal information such as address, phone number, home, cell and work. numbers
• Hours of care
• Charge for the specified hours (any late payment or late pickup charges)
• Holidays when childcare is closed (and whether provider is paid)
• Vacations
• Who supplies diapers, wipes, extra clothes etc)
• What meals the provider will provide.
• Who is authorized to pick up your child
• Authorization forms such as trips in the car, medication, pictures of your child, and any forms you feel necessary.
• Food allergies
• Anything else that you or the childcare provider feel are necessary for the care, safety and protection of your child.
LEAD PAINT
Childcare homes are required to be lead paint free. It is a good idea to have your child tested for lead paint before they start childcare. If traces of lead paint should show up in your child you will be able to narrow down where they may be exposed to it.
LICENSING REQUIREMENTS
Each state has regulations that must be followed for a person to open a childcare facility or home.
1. They must be licensed, and the license must be posted in childcare area. When interviewing a potential provider, you should ask to see the license. Make sure that the date is current and note the number of children she is licensed for.
2. In Massachusetts a person can care for 6 children alone, 8 children if 2 are school age, 10 children if she has an assistant.
3. Chid care Provider’s assistant must also be licensed. If she is caring for 10 children ask to see her assistant’s license
MANDATED REPORTER
Be aware that Family childcare providers are mandated reporters if they see signs of neglect or abuse.
MEDICAL PRIVACY
A provider may not disclose any personal information about your child’s health without your written permission. In addition, a provider cannot give your child any medication without a labeled prescription bottle and written permission from you and detailed information on when the child is supposed to be receiving the medication.
If your childcare provider does not have a contract, you should draw up a contract yourself and have both you and your provider sign them. This is for you and your child’s protection as well as assuring there are no misunderstandings between you and your provider’s expectations.