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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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I am a daycare provider (15yrs). Thursday before Christmas ...

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I am a daycare provider (15yrs). Thursday before Christmas a child in my care was hit over the eye by another child while they were dancing. This happened at 430pm. There was a red mark above the childs eye but no blood. Child continue to play but with an ice pack that was given to her. Child was picked up by 530. The next day I went on vacation for 10 days. New years day the parents called and said the child said she was hit in the eye 'on purpose' and they are furious, and are pulling the child out of care. They said they are angry because the childs eye got black and blue and I hadn't notified them before they came to pick the child up. But they were due to pick up the child almost immediately when the accident happened. Had it happened earlier I certainly would have had time to call. I did explain the situation to the cousin who came to pick the child up. There was no black an blue when she left,just a red mark over the eye.I can't understand why they feel the hit was on purpose.
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Camille, I don't see any cause for concern on your part. The parents are asking out of frustration and unfortunately acted against you by pulling the child out of daycare, which is their right to do.

In terms of any legal liability, I don't see it. You acted appropriately by informing the cousin, who at the time was the responsible guardian of the child who came to pick up the child. You also took a reasonable approach by providing aid to the child's eye by way of the ice pack. You reasonably handled the situation and I don't see any negligence here. Further, the parents even acknowledged your care taking skills.

Although the situation was unfortunate, I don't see any legal way you can get into trouble, there is no evidence of negligence on your part whatsoever. It is probably best that the child be removed because if there was a subsequent injury to the child the parents would then be questioning your ability.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Customer: replied 6 years ago.

Could I be considered negligent becasuse I did not report this to the licensing specialist in a timely manner? If there was blood or I thought it was a serious injury, or an act of aggression I would have but at the time I thought it was just a regular old kid to kid whack on accident. I plan to call the licensing specialist ASAP in th AM. Any advice on how I should approach the situation.

Expert:  Attorney & Mediator replied 6 years ago.
What are the time requirements to report this to the licensing specialist? I looked online and there is no clear answer to this.

Customer: replied 6 years ago.
i don't know either because I have always reported any injury in a timely manner, and I only had on other incident of a possible injury 7 years ago- and then it turned out that the child was injured at home. But, I never report minor stuff like cuts and scratches or when two kids bump heads etc. I am sick with worry over this. and I wish they hadn't waited so long because what 2-5 year old is going to remember what happened 10 days ago. The G-mom also said that my telling the cousin wasn't good enough because she is only a child, but she's not shes a soph in college and drives and often picks her up
Expert:  Attorney & Mediator replied 6 years ago.
I would not stress about this. Just file your report as you always do and let them know what happen. The parents don't appear to be angry at you and they have not made any mention that they would sue.

Further if the cousin is in college is she most likely an adult. Most importantly if the parents have authorized this cousin to be responsible for the driving and picking up the child, then the cousin can be considered a guardian for purposes of reporting injuries to her.

Just call tomorrow morning and report the incident. I doubt anything more will result from this.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.



Customer: replied 6 years ago.
thank you. Im going to try to get some sleep. I may want to run the outcome past you tomorrow. Im praying there will be nothing to report.
Expert:  Attorney & Mediator replied 6 years ago.
Sure, no problem. Let me know what happens.

I will send positive thoughts for you tonight and tommorrow. No worries.


Good night.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 12 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.

Hello again- I reported the incident, licensing people were very supportive and said I did everything right. The parents were VERY angry and were threatening to sue (I heard through a mutual acquaintence). I could feel that kind of vibe from them when I talked to them, they just weren't being reasonable or even hearing what I was saying. Well, they shopped the little girl around to other daycare's and apparently found out that I really do have a good environment for kids and the school prep is excellent and can you believe...they asked for the child to come back! Then, without waiting for an answer, they said they didn't intend to pay for my week of vacation that they didn't pay while she was gone. Wow! What nerve. Thank you for your positive thoughts that night. I was so scared. Those positive thoughts were on my mind when I talked to them and I realized I need to be surrounded with positive people. I'm not taking them back. I'm so sorry for the sweet little girl. It wasn't her fault. Thanks again.

Expert:  Attorney & Mediator replied 6 years ago.
Glad to hear everything worked out. I knew it would. And I definitely would agree that you should not take them back, for your own protection. All the best.



Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 12 other Family Law Specialists are ready to help you

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