Publications on Legal Issues Affecting Child Care Providers

Administering Medication and Incidental Medical Services

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Child care providers must follow certain requirements when administering prescription and non-prescription medications and providing incidental medical services to children in their care. This handout is intended to provide an overview of the child care licensing guidelines for administering and storing medications, health related services, and incidental medical services.

 

Americans with Disabilities Act (ADA) and Child Care

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In 1990, Congress passed the Americans with Disabilities Act (ADA), which is designed to make an array of services, including child care programs, accessible to people with disabilities. The ADA prohibits family child care providers and child care centers from discriminating against a child, parent, or employee based solely on his/her disability (such as denying admission into a child care program).

 

Child Care Liability Insurance

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This document contains a list of insurance carriers that provide liability insurance coverage for family child care homes, provided as a source of general information and comparison. The document also provides tips for when talking to an insurance broker and reviewing your insurance policy. This information was provided to us in July 2013. Policy terms and the contents of this list are subject to change at any time.

Complaints Against Your Child Care Facility

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During the operation of your child care business, complaints made be made to Community Care Licensing ("Licensing") about your program. This publication is intended to provide basic information on Licensing's investigation of complaints, how Licensing decides whether to issue a citation against your facility, and how you can appeal a citation that you do not agree with. 

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Guidelines for Releasing Children

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As a child care provider you have a legal obligation to protect and care for each child in your care. This obligation encompasses who you release a child in your care to and under what circumstances you release a child. Releasing a child to an unauthorized individual could pose legal problems for a child care provider and result in revocation of a provider’s child care license.

Immunization

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Before admitting a child into a child care program, generally a child care provider must request proof that the child has been immunized against diseases. However, there are certain exceptions to this proof of immunization requirement. Further, due to a new law effective September 1, 2016, the licensee of a family child care and any one employed or volunteering at a family child care or child care center must be immunized against influenza, pertussis (whooping cough), and measles unless they are exempt from such requirements. This handout will provide you an overview of immunization issues that child care providers should be aware of as they relate to children, employees, and volunteers.

Jury Duty for Family Child Care Providers

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State law does not automatically exempt a person from jury duty by reason of occupational status. Although you may be a sole proprietor of your business, you might still be compelled to serve on a jury.

Legal Duties of Landlords to Family Child Care Provider Tenants

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A landlord may have a difficult time understanding what it means when a tenant gives notice that they will be operating a family child care home in the rental property. This handout provides answers to questions that residential landlords may have regarding a tenant operating a family child care home in a rental property.

License Exempt Child Care

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License-exempt child care is child care that can operate legally without a license. While certain child care arrangements may qualify as license-exempt child care, there are policies and procedures that a license-exempt child care provider should follow in order to ensure the successful operation of his/her child care business and avoid potential legal problems.

Naming your Family Child Care Business

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California State law requires individuals, partnerships and corporations to register a “Fictitious Business Name” (commonly known as a DBA – “doing business as”) if they operate a business and/or collect money under a name different from their legal surname(s) or corporation names.

Neighbor Disputes and Your Family Child Care Home Business

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Neighbor disputes arise for a variety of reasons, some of which may relate to your child care business. As a family child care home provider you have several options for addressing these disputes or harassment that may include insults or obscenities directed at you, your family, your helpers, your parents, or even the children in your care, actions impeding the use of your home as a business, reporting you to Licensing, and other similar acts.

Note to Tax Return Preparers Assisting Family Child Care Providers

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Assisting family child care providers (“FCCPs”) with their tax returns generally raises the same issues as for all other home-based businesses, like proper proof of income and expense, separation of business and personal expenses, etc. The IRS and Congress have provided special rules for FCCPs, thereby recognizing the difficulty of separating personal expenses from business expenses in a family child care setting.

Responding to Suspected Child Abuse or Domestic Violence in Child Care Setting

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As a child care provider, you may encounter situations where you suspect or know that a child in your care is being abused or neglected. When situations like this arise, you must follow appropriate procedures to ensure that the child gets help and that you are complying with legal requirements.

Running a Successful Child Care Business: Practice Good Community Relations

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As a child care provider, you are not only a business person but you are a key member of the community in which you work and live. This means that you must have a good working relationship with parents, neighbors, landlords and licensing personnel. In fact, most problems involving the law can be avoided by simply maintaining good relationships with other members of the community.

Sample Parent-Provider Contract

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The contract that follows is a sample, not a model; it may contain provisions that are not appropriate for certain providers, and it may not contain others that your program requires. You should modify it and/or adapt it for your own use after a review of your specific program and methods of operation. When you settle on the version that seems best for you, you should ask a lawyer to review your contract before using it with any parents.

Sample Parent-Provider Contract for Subsidized Care

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The contract that follows is a sample, not a model; it may contain provisions that are not appropriate for certain providers, and it may not contain others that your program requires. You should modify it and/or adapt it for your own use after a review of your specific program and methods of operation. When you settle on the version that seems best for you, you should ask a lawyer to review your contract before using it with any parents.

 

What You Need to Know About Small Claims Court

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In the operation of your child care business you may encounter problems which force you to go to court. These problems may range from a parent who is not paying you for child care services to a landlord that fails to make necessary repairs in the apartment you are renting.

Your Rights as a Homeowner or Tenant to Operate a Family Child Care

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You may face resistance from neighbors, your home owners’ association or your landlord if you decide to run a family child care business from your home. This handout provides answers to questions that you, as a child care provider, may have regarding operating a family child care home.

Mediation vs Litigation: Things to Consider Before Going to Court [2016]

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Mediation is a private process where a neutral third person called a mediator facilitates a discussion of the issues at hand and helps you and the other party to potentially resolve the dispute through negotiation. Both you and the other party have an opportunity to describe the issues, discuss your interests and provide each other with information that may help to resolve the dispute.

Workers' Compensation Insurance for Family Child Care Businesses

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Workers’ Compensation is a set of laws which entitles employees to receive prompt, effective medical treatment for on-the-job injuries and prevents them from suing their employers over those injuries. As a child care provider, you are required by law to obtain workers’ compensation coverage for your employees.