Toddler Injury at the Daycare Negligence

Updated on October 19, 2012
D.N. asks from Daly City, CA
6 answers

My 23 month old fell down at her new daycare and ended up getting 7 stitches! It was a traumatic event for us. The care provider told me that she tripped over on a toy and fell on to a wooden doll's crib. I was immediately notified after the event and immediately took her over to the ER. My daughter and I like the provider so I am not going to sue her. But I have terminated the care for obvious reasons.
When I enrolled my daughter at this care ( a month back), I was told by the care provider that she operates a small day care with a max of 4 children. There were just 3 other children ( 2 infant and another 3.5 yr old) other than my child when she started at the care. Within two weeks, the provider took in more children and on a typical day she has : 5 infants and the 3.5 year old toddler. She also has an occasionally 4 year old who drops in every now and then. She operates the care all by her own and has a 7 year old too ( but she's only comes back home after the children at the daycare leave). I feel that this incident could have been averted had the provider not taken in so many children.

Here's my question: In CA ( SF area) how many children can a small in home provider have? I did a little research on the internet and it looks like 4 infants for a small daycare or 6 children ( no more than 3 infants).

If my provider was taking more children than allowed by law, should I report this? I am not interested in suing anybody but I feel that this is necessary from getting other children hurt in future. What is the process and where do you report such violations.

Will appreciate any advice on this,

Hurt Mom

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So What Happened?

Hi all,

Thank you very much for taking time out to respond to my query, I really appreciate it!

@ Betty R: I think you are right! I just realized that the provider is unlicensed ( I feel like a terrible mom!). I assumed that all care providers are licensed and since she's operating in an affluent neighborhood , I simply assumed that she's doing it legally.

I also realize that what happened was an accident and could have happened else where to, licensed or otherwise. But the fact that there are too many infants in a small house makes it easier for terrible accidents to occur, it's simply not safe. I terminated the care as I realized that there's a potential for future accidents to occur.

I am not reporting it as I feel that it's also a matter of her livelihood. But I will write to her, and leave the rest up to her conscience.

More Answers

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C.G.

answers from Sacramento on

I agree with the other post. This could have happened to my daughter with me standing 2 feet from her. Accidents happen. As a parent, I would be worried if I didn't believe that the provider responded approrpriately (provide first aid, call parents, call 911 if necessary), which sounds like she did. Based on what you shared, I'm not sure I would have even terminated care.

Below is the licensings laws for a small family child care home -

For a small family child care home, the maximum number of children for whom care shall be provided, including children under age 10 who live in the licensee's home, shall be one of the following:
(1) Four infants; or
(2) Six children, no more than three of whom may be infants; or
(3) A small family day care home may provide care for more than six and up to eight children,without an additional adult attendant, if all of the following conditions are met:
(A) At least two of the children are at least six years of age.
(B) No more than two infants are cared for during any time when more than six children arecared for.
(C) The licensee notifies each parent that the facility is caring for two additional schoolage children and that there may be up to seven or eight children in the home at one time.
(D) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.

An infant is considered under 2.

With regard to ratio's, its the number of kids in care at any one time, not how many kids she cares for overall. If you feel like kids are in danger in her care, report it, but if not and its just not the right fit for you, let it be.

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B.S.

answers from Sacramento on

Yes, that is too many infants. You should report her to the licensing board.

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A.B.

answers from San Francisco on

Imagine caring for that many infants! I know it's outside what the law allows. I think you did the right thing by terminating care. I wouldn't want my son there. As for reporting it, I don't know. I think it would have major repercussions for her. However, I don't know how you could talk it out with her. I don't think she'd want to change it based on that. I wonder if the accident is making her reconsider things. If she had more older kids, it'd be better! I thought it was only 2 or 3 infants allowed with 1 adult. So sorry this happened.

C.C.

answers from San Francisco on

I may be wrong about this, but this kind of sounds like a typical toddler accident to me. I can't even count the number of times my kids have tripped and taken a header. We're just lucky they've never needed stitches, but this sort of thing happens all the time with little kids. I know it's scary when your child is hurt, but honestly, even if your child were the ONLY child in the day care, is there any guarantee that this wouldn't have happened anyway? It's hard to imagine, without hovering over the child every second, how any care provider could ensure the child would never trip and fall.

With regard to the number of children in a care provider's home at any given time, she may have been over the limit. It depends upon how old the infants were - I believe at 18 months, the ratio changes (they count as children at that point, not infants). So it would depend on the ages of all the children involved. Legally she can have 6 children there, which it sounds like she did, so the ages of the youngest ones would determine if she was within her legal limits or not. If you truly feel the situation was dangerous, by all means you should report her, but based upon the information you provided, I'm not sure if this was dangerous, or just bad luck?

Bottom line, you have to trust your instincts. If you believe it was unsafe for your child, and your child needs more vigilant supervision, then you should go to a place where you feel more comfortable. If you truly feel the other children in this day care are in danger, then you should report it. If not, then let it go and just try to find a place where you feel more comfortable.

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B.R.

answers from Sacramento on

If the provider is caring for more than six children, you should have received an official notice of what her daycare consists of when you signed your daughter up. If hers is considered a Small Family Child Care Home it will state that she may "provide care for a maximum of 8 children when one child is enrolled in and attending Kindergarten or elementary school and another child is at least six years old and not more than two infants are in care". If she wishes to care for more than two infants (any child under the age of two years), she should be licensed as an infant care and not take in the older children. I believe the accepted capacity in that case is four children. From what you are describing, I'm wondering if this person is licensed by the state as a childcare provider or is simply doing it on her own without that protection for herself and her clients.
It sounds like you are - like many of us - reluctant to cause a problem. However, From what you've said, I think you should make a report of what you've observed.
The accident your child had, in itself, is not enough to be alarmed over as that could have happened with the correct amount of children in attendance. But, if the guidelines are being ignored, it is to the best interest of the other children in her care that you make a report.

G.K.

answers from San Francisco on

I hate to say it, but I agree with the other 2 posters, and based on your description, I wouldn't have terminated care. Kids fall all the time; unfortunately, this fall resulted in a more serious injury. I understand it was traumatic for you, but you also have to remember that your child will always look for your reaction. It may not have been as traumatic for her if there ha been a different reaction from you.

I hope you're able to find a care provider who fits your needs :)

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