home daycare liability

[thecatinthehat]

DS will be going to a home daycare part-time starting next month so I a currently filling up forms. Is a "release from liability" form typical? Should I be concerned about this?

She has very good reviews and even won a state award for on of the best home based child care providers (I think based on votes).

[karinothing]

Sept 22, 2014 18:17:50 GMT -5 thecatinthehat said:

DS will be going to a home daycare part-time starting next month so I a currently filling up forms. Is a "release from liability" form typical? Should I be concerned about this?

She has very good reviews and even won a state award for on of the best home based child care providers (I think based on votes).

What does it cover? I assume accidental injury? She can not have a waiver for any act that would be criminal. So that includes neglect and may include injury arising out of failure to follow liscening regulations, but i am not sure. I would assume it means if your kid trips and breaks an arm you can not sue. I do not think i would be that worried about that

[thecatinthehat]

It says she does not carry liability insurance policy and that she is not liable for any accident or injury that occurred while in her care. I just want to see what is typical for daycares.

[mlvmd]

I have never signed anything like that. The main one I used was part of a consortium of sorts that handled insurance for all of the different day cares though. I wonder what the state licensing rules are for that?

[starlily]

Sept 22, 2014 18:24:39 GMT -5 thecatinthehat said:

It says she does not carry liability insurance policy and that she is not liable for any accident or injury that occurred while in her care. I just want to see what is typical for daycares.

Red flag.

[karinothing]

Sept 22, 2014 18:24:39 GMT -5 thecatinthehat said:

It says she does not carry liability insurance policy and that she is not liable for any accident or injury that occurred while in her care. I just want to see what is typical for daycares.

Oh yeah that part i can not help with. Pretty sure we did not sign one but we are at a center. I can not really remember so i am no help. Sorry

I know in a number of states, parents can not waive away minors right to sue. But obviously that does not help your question.

[thecatinthehat]

Yeah I thought this was odd too. I mean we all hope this never becomes an issue. Ugh! There are no centers where we are for children under 2 years, except for one that takes as early as 15 months and everyone I talked to told us not to go there because it is crowded. There are only home daycares until basically your child is 2 
ETA: not that home daycares are bad (sorry I hit post too soon), but my options are so limited. This was a well rated home daycare so I won't be surprised is most other ones are the same. Perhaps this is a state requirement issue.

[thecatinthehat]

Okay looked a bit online and found that liability insurance is not a requirement for child care providers in the state! WHY?!?!

(a) For the purpose of this section, "liability insurance coverage" means a general casualty insurance policy issued to a provider insuring against legal liability for injury resulting from negligence to a child during the time the child is under the care of the child care provider.
(b) The department shall not require a provider to obtain or maintain liability insurance coverage as a condition of licensure, temporary permission, or registration to operate a child care facility.

- See more at: codes.lp.findlaw.com/histatutes/1/20/346/VIII/346-157#sthash.H1c1aZnf.dpuf