By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations – K.A.R. 28-4-130 – Transportation (Pages 32-33), a child care center, that provides transportation, must provide safety restraints / seat belts for children as follows:
By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations – K.A.R. 28-4-130 – Transportation (Page 32), a child care center, that provides transportation, has a duty have no less than $100,000 in liability insurance for the injury or death of one person and $300,000 for injury or death to two or more persons.
By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to General Regulations – K.A.R. 28-4-127 – Emergencies, a child care center has a duty to have written policies in place regarding the reporting of personal injuries and illnesses of adults and children. If a child’s illness or personal injury requires medical attention, the child care center has a legal duty to immediately report the matter to the parent of guardian of the child. If a child dies at a Kansas child care center, the facility must report the death to the county health department or the Kansas Department of Health and Environment by the next working day.
By David Wolf, Attorney
Published by Child Injury Lawyer Network
In Pennsylvania and other States, it is vital that day care center and child care workers provide ongoing and consistent supervision of children under their care. Even a few minutes or less of inattention, multi-tasking, or distraction can lead to disaster and tragedy in a day care center. In Pittsburgh / Garfield, Pennsylvania, a day care operator is being criminally charged with the death of a 10 month old child that was under the care of the day care center. While the child care provider was attending to another child, the 10 month old was injured by a 7 year old child. The operator of the day care center – both the owner of the day care center and the child care worker are being charged with endangering the welfare of a child. Prosecutors will argue that owner was neglectful in staffing and that the worker was neglectful in her supervision. Of course, these individuals will be entitled to the services of a criminal defense attorney or a public defender regarding these criminal charges. You can read more about this story at Day Care Center Owner and Caregiver Charged in Death of Child in Pennsylvania.
By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Georgia, a 21 month old child died as a result of being left unattended in a parked van while the mother was working at an elementary school. The incident happened at
By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Dallas County (Red Bird), Texas, a 7 month old (Briana Jones) was forgotten in a vehicle and died. When the child was found, she was rushed by paramedics for emergency treatment at Methodist Charlton Medical Center. It appears from the facts presented that the child died from heat exposure or heat stroke. Unfortunately, deaths of this nature continue to occur because parents, babysitters, and caregivers continue to be forgetful and leave children unattended in vehicles that get a lot hotter than most people realize. Furthermore, there are other dangers to leaving a child in a vehicle unattended.
By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
Child care centers and day care centers in Kansas are regulated by the Kansas Department of Health and Environment through various laws, rules, and regulations. Pursuant to Kansas General Regulation – K.A.R. 28-132 – Child Care Practices (Pages 34 – 35), a child care center has a duty to maintain a written policy as to discipline at a child care center. A child care center is prohibited from punishment that is physically harmful to the child. Furthermore, a child care center cannot humiliate or frighten a child as part of imposing discipline at the facility. The Kansas regulations specifically prohibit corporal punishment including spanking, pulling of hair, swatting, the yanking of an arm, or similar type of punishment. Verbal threats are prohibited as are derogatory remarks. The regulations also address other prohibited actions like locking a child in a room or box, withholding food or forcing food, and stinging or burning the mouth or other parts of the child’s body.
By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The Kansas Department of Health and Environment is the agency responsible for implementing and enforcing regulations as they pertain to child care in the State of Kansas. This can range from infants in a small home day care center to school aged children in after school programs to foster homes. The goal or desired outcome of child care is set forth in Chapter 65 – Public Health – Article 5 – Section 528 – Child Care Policy of State; Desired Outcome. This law sets forth the mission of child care that in in place to guide the state agency and its staff in supervising child care and day care centers in Kansas. In particular, the goal or desired outcome of child care is to provide parents and caregivers with high quality and affordable child care. The child care should be stable, diverse, and efficient among other things. Parental involvement is key. Parents should take an active role in inspecting a child care center and staying involved with the school or center on a daily basis. You can read more about this law / regulation and others at Kansas Child Care Licensing and Registration Laws.
By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Georgia and other States, day care center and child care center providers have a duty to supervise children enrolled in the program. If there is a field trip or off site activity, it is important for day care center operators to make sure that all children are supervised at the activity and that all children are properly transported or brought back to the facility. In many instances, a simple checklist or attendance sheet can be be used to make sure each and every child is present and accounted for. In some instances, children are lost or forgotten about because there is no checklist in place or because the checklist is not used. Leaving a child behind can lead to a variety of problems and dangers for a small child. In Augusta, Georgia, a 2 year old child under the care of Amandable’s Angel’s Childcare Center, her 2 year old daughter Mackenzie, Turns out he did know something. Investigators say when the daycare workers left behind at a park. When the day care center first became aware that the child was missing, the staff did not know where she was. It took the help of the child’s 4 year old brother to let everyone know that the missing child may have been left behind at Elliot Park. The child was later found, but that is not the end of the story. The three day care workers involved were charged with the crime of deprivation of a minor. Of course, the day care workers will have the right to defend themselves in the criminal proceedings. Regardless of the outcome of the criminal case, day care centers should take stories like this heart and use a checklist consistently so that each and every child is accounted for and that NO CHILD IS LEFT BEHIND. You can read more about this story at Augusta, Georgia Police Report that Child Was Left Behind by Day Care Center at Local Park.
By Joni J. Franklin, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
The Kansas Department of Health and Environment is the State agency charged with regulating child care centers and other facilities supervising or housing children in Kansas. What are the CCLR (Child Care Licensing Regulations) in Kansas for a facility or a person caring for children? Well, that all depends on the age of the children, size of the facility, type of the facility, and the kind of care provided at the facility. The Kansas Department of Health and Environment’s website has a great resource page that contains the CCLR (Child Care Licensing Regulations). The publications available on this site include the following:
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