Placing your child in daycare can be a challenging decision. Whether you work full-time and need someone to care for your child or you want them to have early social interactions with others their age, you want to pick the best place for them. Daycares have laws that keep the facilities safe, hygienic, and a good environment for young children. When they don’t follow these rules, children can get hurt. Negligent daycares can harm children and their age makes it difficult to vocalize any issues of abuse.
If your child has suffered from daycare abuse, you need a dependable and experienced Lexington daycare lawyer from Golden Law Office at your side. We understand how difficult this can be for you as a parent or guardian, and we will do everything we can to hold the negligent party responsible. We’ll work tirelessly to get you and your child justice and will fight for compensation for what you’ve both suffered.
Types of Child Care Providers in Kentucky
Regulated childcare providers in Kentucky are required to meet basic standards for health and safety programming. The standards are set by the Division of Regulated Child Care. All regulated facilities are subject to inspection by the state.
- Licensed Type I. As a typical daycare, this facility can operate in a non-dwelling or dwelling. Non-dwelling structures can operate with four or more children, while dwelling structures can monitor 13 or more children. The director has to be at least 21 years of age with a college degree, have three years of full-time paid experience in childcare, and have a certificate in child development services. Staff members undergo regulated training and must have current CPR and first aid certificates and TB skins tests. All employees undergo checks for the child abuse registry.
- Licensed Type II. This facility must be a dwelling and can operate with seven to 12 children. The director must meet the same requirements as the Type I director, or be at least 21 with a high school diploma, certificate in child development, and one year paid experience. The training and health and safety requirements as also the same as Type 1, but all members of the household must be checked for substantiated abuse and neglect.
- Certified. A certified family childcare location provides care in a caregiver’s own home for no more than six unrelated and no more than four related children at any given time for no more than 10 hours per day.
- Registered. As a registered early childhood professional, a person can provide childcare in their own home for no more than three unrelated children or six related children.
It’s important to understand the type of childcare provider you’re leaving your child with. In the event your child is injured, the type of provider will come into play when building your claim.
How Negligence Contributes to Child Abuse in Daycare
While there are instances of blatant abuse in daycare facilities, neglect is the more common factor that results in injuries and harm to children. Negligence occurs anytime a childcare provider breaches their duty to treat a child with reasonable care and ensure their safety. As a result, a child could injure themselves if they’re left alone or they could suffer psychologically if they’re kept isolated because the staff can’t handle behavioral problems.
When negligence is the cause of injuries, the injured party has the right to file a personal injury claim to seek compensation for the expenses they incurred. When the injured person is a child, the parent or legal guardian can take legal action on their behalf.
It’s important for parents to be aware of the difference between injuries that are normal for a child to sustain and injuries that are likely the result of abuse or neglect.
Common Daycare Injuries
Because of their developing motor skills, it’s not uncommon for children to fall down. If you notice minor scrapes or bruises on your child, it’s important to bring it to the attention of the daycare’s supervisor, but it’s likely the injuries are nothing to be concerned about.
If, however, your child has extensive bruises, broken bones, head trauma, signs of sexual abuse, burn marks, or drowning injuries, it’s important to take action immediately. Inform the facility’s supervisor and make an official report with police. After you’ve done so, contact a daycare abuse attorney as soon as possible to protect your child’s rights and aid in their recovery.
Understanding the Mandatory Reporting System in Kentucky
Under state law, persons of certain professions are required to submit written reports in the event they know or have reasonable cause to believe a child has been neglected or abused. Teachers, school personnel, child-caring personnel, and health professionals are on the list of required mandated reporters.
If a mandated reporter has a report to file, they must do so to a local law enforcement agency, the Department of Kentucky State Police, or the child abuse hotline. An oral report must be made immediately upon discovery or suspicion, and the reporter has 48 hours to file a written report.
As with nursing home abuse, there’s a chance the daycare facility could try to cover up instances of neglect so as to avoid any consequences. If you believe a mandated reporter should have filed a report in regard to the abuse your child endured, your lawyer can investigate your suspicions and determine if there’s valid evidence to support your claim. This has the potential to strengthen your case and bring about potential criminal charges.
Work with a Lexington Child Care Center Attorney
Kentucky teachers and caretakers are expected to take care of the children under their charge and ensure dangerous situations are avoided. In the event an adult fails to properly supervise your child and they’re injured, you have the right to file a personal injury claim to seek compensation for your family’s losses and hold the negligent party accountable for their actions or inactions.
Filing a claim isn’t always easy, which is why it’s so important to work with a Lexington daycare lawyer. At Golden Law Office, we have the experience and knowledge needed to prove your child was wrongfully injured. We believe in taking legal matters are far as they need to go to get our clients the justice they deserve, so we’re not afraid to head to court to get an official verdict if we’re not able to settle your claim for a reasonable amount.
The sooner you contact a lawyer, the better your chances are of helping your child make a full recovery. To get started on learning more about daycare law in Kentucky, schedule a consultation with one of our attorneys today.