Young children are entrusted to childcare facilities every day here in Indiana and Illinois by parents who rely upon the daycare’s caregivers, teachers, and staff to keep their kids safe from harm while in their oversight. Sadly, each year there will be incidents in our part of the country where the parent’s confidence is betrayed, as children under the supervision of their local daycare suffer serious bodily injuries that may result in permanent harm or death.
Of particular concern is that the danger facing young children is likely to increase in the near future, according to recent reports. Read, “Daycares face more kids, less workers and higher price tags,” written by Tana Kelly and published by South Bend’s ABC-57 on June 14, 2021.
What is a Childcare Facility or Daycare Center Under the Law?
The state statutes of Indiana and Illinois define childcare along with providing state regulations regarding licensure and regulation of these facilities.
In both states, there is a defined duty placed upon caregivers that children are to be protected from harm while in their custody, care, or control.
Indiana
Indiana law defines “child care” as “a service for families on behalf of children and their parents which is designed to supplement daily parental care.” 470 Ind. Admin. Code 3-1.1-6.
This includes, pursuant to 470 Ind. Admin. Code 3-1.1-7, a “child care home,” [where] a residential structure in which at least six (6) children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider:
- while unattended by a parent, legal guardian, or custodian;
- for regular compensation; and
- for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. The term does not include a child care center.
Illinois
Illinois law states that “day care center” means any child care facility which regularly provides day care for less than 24 hours per day for more than 8 children in a family home or more than 3 children in a facility other than a family home, including senior citizen buildings. Ill. Admin. Code tit. 89, § 407.45.
This is different from a “child care facility” [where] any person, group of persons, agency, association or organization, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody in any facility as defined in the Child Care Act of 1969, established and maintained for the care of children. Ill. Admin. Code tit. 89, § 407.45.
Daycare Injuries While Entrusted to Childcare in Indiana or Illinois
When the caregivers fail in their legal duty of care for infants or young children placed in their care, a range of personal injuries can result. For instance, kids can become exposed to serious illness and become ill with disease. Accidents on the playground or in the school bus or minivan can cause severe bodily harm or even death. Incidents of neglect can also cause severe injury, such as allowing a small child to fall out of a crib or highchair.
In these matters, the individual child victim must be given proper medical care and treatment as soon as possible, of course. Afterwards, each case must be given respect for its unique circumstances and the incident investigated to determine the probable cause of the child’s harm. This involves gathering facts and evidence that establish exactly how the caretaker, daycare, or childcare facility failed in the legal duty to care and supervise the child.
Facts may establish breaches in this duty of care and safety, such as:
- Premises not being in proper repair, i.e., exposed hot pipes or loose wiring;
- Premises not being maintained in good condition, i.e., loose rungs on a crib or playground equipment;
- Failure to supervise the child while at play on the playground;
- Failure to keep watch over the child during care, resulting in choking on food or objects;
- Motor vehicles not maintained properly and contributing to a crash during transportation of the child;
- Driver causing a motor vehicle accident while transporting the child; and
- Negligent hiring in caretaking staff.
Legal claims for daycare injuries caused by breach of legal childcare duties can include claims for medical care and treatment; physical therapy and rehab; psychological needs; surgeries that include plastic surgery for any scarring or disfigurement; and pain and suffering (past, present, and future).
In some cases, damages may also involve claims for parental loss, such as lost wages resulting from the parent’s need to care for the young victim instead of being on the job.
Higher Burden of Proof for Public Daycare Centers Than Privately Owned Childcare Facilities
Parents must be aware that the law may treat privately-owned childcare facilities differently than childcare programs that are owned and operated by the government, such as their local school district. This is because taxpayer dollars providing for childcare facilities may be given extra protections by lawmakers.
Here, to prevail the toddler’s parents may have to provide admissible evidence to show that the daycare or childcare facility acted with intent to cause harm or that the injuries were the result of such gross malfeasance that it was clearly oblivious to the safety of the child and whether the child might get hurt. An example here would be an infant that was permanently harmed or died as a result of shaken baby syndrome suffered at the hands of the caregiver.
In Indiana and Illinois, parents must depend upon caregivers to take care of their children while they go to work and financially provide for their families. It is a travesty to consider they can be betrayed by those who have the privilege of having that mother’s or father’s trust.
In the event of a severe or deadly childcare accident, parents should investigate whether or not they have avenues for justice under state laws that are designed to protect children from harm.
For more detail, read our earlier discussions in:
- Child Care Injury and Day Care Accidents
- Daycare and Child Care Dangers in Indiana and Illinois
- Children Hurt at School: Who is Responsible for School Accident Claims?
Parents with children in daycare deserve to know their caregivers are lovingly reliable, and to have the right to hold those accountable whose actions or failures to act have caused harm to their child. Please be careful out there!
