LEGAL RESOURCE FILE
Often providers turn to Monitors when they are faced with legal problems arising from their childcare business or the families they service. Although you are not a lawyer and we do NOT advocate your giving legal advice, you must learn the laws and regulations affecting you and your providers. You are certainly in a position to advocate for and assist providers when they encounter legal or regulatory issues. Being familiar with the laws and regulations helps you guide your providers so they can find answers. You can also discuss possible solutions with them.
You will often find a relationship between legal and ethical issues. However, not all legal issues are ethical and not all ethical issues are legal.
You do not want to give out legal advice if you are not sure of the information. Never give information from undocumented secondhand sources.
For example, “I know someone who…”
Becoming aware of the legal problems your clients might face and guiding them to regulations, specific laws, and documentation they should have in their files helps you to protect them from serious lawsuits. Some laws are important for you to be aware of to protect yourself and your providers from legal problems.
As a Monitor, you should develop a legal resource file about issues that providers face. Your resource file should contain documents of specific laws and where they can be found. Sates laws vary, and you should be familiar with Massachusetts state laws. The following is checklist suggests the copies of documents you should keep in your resource file:
o Massachusetts state licensing requirements
o Massachusetts state mandated reporting laws
o Bethel and Provider’s Resource’s procedures for mandated reporting
o Cell phone usage laws while operating a moving vehicle
o Bethel and Provider’s Resource’s cell phone policy
o Documentation for permission to enter a provider’s home unannounced
o Laws pertaining to medical disclosure, including HIV/AIDS
o Laws pertaining to lead paint
o Laws pertaining to playground safety
o Checklist of documentation pertaining to child custody issues and restraining orders that providers should keep in their files
Maintaining a good 'Legal Resource File" will help you to quickly give the provider the correct information when they need your assistance.