Articles Tagged with day care center liability

 By  Andrew Baker, Attorney and David Wolf, Attorney

In Ohio and other States, licensed day care centers are regulated and overseen by a state social service agency. In Ohio, it is the Department of Children and Family Services is the social service agency that regulates day care centers.   When a facility is cited by the Department or charged by the police with failing to provide appropriate care, sanctions can result in the form of fines, arrest, license probation, and license suspension.   A caregiver, individually, can be arrested and fined as well.  It should be noted that the administrative proceeding and criminal proceeding are quite different than an insurance claim and civil case.   When rules and regulations are violated, the state can step in to discipline and fine the facility and / or its staff members.  For a civil case or an insurance claim, the elements of a case are a bit different especially when it comes to the element of damages.  For instance, a facility may violate a bunch of different building codes and get shut down by the state; however, if there are no harm caused to any of the children – there may not be a civil case or insurance claim to pursue.  Just because a day care center violates a rule or regulation or even engages in conduct that is criminal in nature – this does not mean that there will be a big settlement or any settlement for that matter on behalf of the child.