Questions and Answers About Legal Issues
By Tom Copeland. Posted with permission
Here's a short quiz about legal issues:
1) Can a family child care provider refuse to offer care to a family if the child has epilepsy because the provider doesn't believe she is qualified to provide adequate care?
a. Yes
b. Yes, but only if the provider has a "reasonable belief" that she isn't qualified
c. No
2) A provider cares for a married couple's child. One day the mother calls and asks the provider not to allow the father to pick up the child anymore because they have begun divorce proceedings. She is afraid the father will take the child and prevent her from ever seeing the child again. You should tell the mother:
a. "I cannot refuse to give your child to the father unless you show me a court order that says he can't pick up the child."
b. "I will not allow the father to pick up your child."
c. "I will not allow the father to pick up the child, but only if you give me a signed statements saying why you don't want him to pick up your child."
3) If a day care parent falls on the front steps of your home while dropping off her child, your homeowner's insurance will likely cover a small amount of any medical expenses.
a. True
b. False
4) A parent signs a contract that reads, in part, "Parent agrees not to hold provider liable for injuries suffered by her child while in the care of the provider." If the child is later injured, will this liability waiver protect the provider?
a. Yes
b. Yes, but only if the injury is minor
c. No
d. No, but only if the injury is minor
5) All providers should incorporate their business to eliminate their personal liability if a child is injured in their program
a. True
b. True, but only if a provider incorporates as a Limited Liability Company (LLC)
c. False
Answer #1
The correct answer is C.It is illegal for family child care providers to discriminate against children or parents who have a disability. Providers must do what is reasonable to offer care to a child with a disability. A belief that you are not qualified is not a sufficient reason to deny care.
Ask for help from a parent or doctor or professional organization. If it is reasonable, from a professional point of view, to provide care to a child with epilepsy then you must do it.
If the only way to provide care is a "significant difficulty" or a "significant expense" you don't have to provide care.
Answer # 2
The correct answer is A.Biological parents have rights to their children that can only be taken away by a court. Therefore, one parent cannot restrict access to their child by another parent. If the mother says she does have a court order restricting the rights of the father, ask for a copy of such a court order and follow what it says.
Answer # 3
The correct answer is B.Homeowner's insurance is personal, not business insurance. It will probably not cover you in this situation. You need professional business liability insurance to cover you for medical expenses and lawsuits resulting from your business activities
Answer #4
The correct answer is C.Liability waivers are not enforceable in court because the parent (or child) cannot give up their right to sue the provider. Providers can protect themselves by purchasing professional business liability insurance. See my insurance directory for the names of companies that offer this insurance.
Answer #5
The correct answer is C.Most providers do not incorporate their business. There are many complicated consequences to incorporating (legal fees, more record keeping, loss of house deductions, and more). Even if you did incorporate your business there is no guarantee that your personal assets would be protected in the event of a lawsuit. Purchasing the highest possible amount of professional business liability insurance you can afford is your best protection against a lawsuit.
How well did you do?
Tom Copeland - www.tomcopelandblog.com
Image credit: https://www.flickr.com/photos/usdagov/
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