LEGAL ISSUES – DOCUMENTATION FOR YOUR FILES -
ISSUES:
ESSENTIAL ENROLLMENT INFORMATION
CUSTODY
RELEASING CHILD
RESTRAINING ORDERS
There are many legalities that you should be aware of when enrolling a child in your care. Domestic abuse, divorce, separations, and other family issues may and can effect your childcare business. It is important that you protect yourself and the children in your care.
As we stated in 'Legal Issues For Family Childcare Providers" the following information is necessary to have in your files:
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 go on 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)
In addition to the above essential information you may find that a grandparent or legal guardian may have physical custody of a child. You need to find out:
• if the parents have visitation rights to the child
• Is the child at risk of harm from parent
• Is the child in foster care
• Do the foster parents have legal physical custody of child
• Obtain a copy of any and all court orders pertaining to child BEFORE you begin care.
RELEASING A CHILD
SIBLING
There may be occasions where a parent will instruct you to release the child to an older sibling. It is important for you to have this documented in your files. Have a document written up that states when and under what circumstances the child in your care will be picked up by the sibling. Use your discretion on whether or not you want to agree to this. Take into consideration age of both children, how the child will be transported home, time of day and whether or not you think it will be safe.
UNAUTHORIZED PERSON
Your obligation is to always protect the well-being of the child in your care. If an unauthorized person shows up and demands to take the child from childcare, here are the steps you must follow:
Remain calm
Do not release the child
Protect yourself and the children in your care.
Contact the custodial parent to inform them about the unauthorized person’s demand
Lock your doors and do not let the unauthorized person into your childcare
Call the police if possible and if you feel threatened
If the unauthorized person succeeds in leaving with the child, immediately write down as detailed a description of the person as you can and well as a description license plate number of any vehicle and immediately call the police.
RESTRAINING ORDERS
Occasionally a restraining order may be placed on a parent or other adult. You should always have a copy of the document in your files. Ask the parent or guardian to file a copy of restraining order with the police in your jurisdiction. You may also want to place a call with the police to make sure they are aware of the situation.
YOU FEEL IT’S UNSAFE TO RELEASE CHILD
You should have specific policies in your parent contract. These policies should state your procedure if the provider feels that it is unsafe to release the child to the parent.
For example: If the parent or adult picking up the child seems to be intoxicated, having a reaction to medication, or ill. Your policy should state that you will not release the child and you will contact another authorized person to pick up the child.
STEPS TO DELAY PICK-UP
Calmly make small talk with the parent and offer them a drink or food to delay their departure
Contact the other parent or authorized backup to come pick up the child
Show parent copy of the policy they signed regarding safety in releasing their child
If no other authorized person is available, call the police or child protective services
If parent takes child, call the police immediately
DOCUMENTATION
Whenever you have any incident that is out of the ordinary, you should document that incident. Your documentation should include:
Date
Who was involved
Exactly what occurred
Your observation
What action was taken
Having the correct documentation in your files will protect both you and the children in your care.