Managing Legal Risks in Early Childhood Programs: How to Prevent Flare-Ups from Becoming Lawsuits

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Overview

Can my child care program be sued? If you have ever asked yourself this question, you are hot alone. This guide will help you prevent and manage problems with potential legal consequences, reduce the risk of a lawsuit, and assist you in preparing a strong defense should your program be sued. This practical book covers a wide range of topics, including privacy issues, accusations of discrimination, employee hiring/firing practices, and insurance coverage.

Written by two lawyers ...

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Managing Legal Risks in Early Childhood Programs: How to Prevent Flare-Ups from Becoming Lawsuits

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Overview

Can my child care program be sued? If you have ever asked yourself this question, you are hot alone. This guide will help you prevent and manage problems with potential legal consequences, reduce the risk of a lawsuit, and assist you in preparing a strong defense should your program be sued. This practical book covers a wide range of topics, including privacy issues, accusations of discrimination, employee hiring/firing practices, and insurance coverage.

Written by two lawyers with extensive experience working in the child care field, this easy-to-use guide includes:

Vignettes of everyday, dilemmas, such as what to say to a parent or caregiver who may be under the influence or what to do if no, one picks up a child.

Proven solutions and innovative approaches for each dilemma.

"Think About It" sidebars to assist in the decision-making process.

Sample parental consent and waiver forms.

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Product Details

  • ISBN-13: 9780807753774
  • Publisher: Teachers College Press
  • Publication date: 10/29/2012
  • Edition description: New Edition
  • Pages: 192
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.70 (d)

Table of Contents

Acknowledgments xi

Introduction: "Can My Child Care Program Be Sued?" xiii

The Limits of This Book xiv

1 Knowing the Right Thing to Do: Guidance from Legal History, Legal Theory, and Brain Research 1

Are Your Decisions "Fair Enough" or "No Fair!"? 2

Is One Decision-Making Process Fairer Than the Other? 6

Due Process Model of Fairness 6

How Rational Are Our Decisions? 9

Codes of Ethics 11

Case Study: Reporting Suspected Abuse 12

2 Acting Ethically While Reducing the Risks of a Lawsuit 15

A Theoretical Framework to Reduce the Risks of a Lawsuit 15

Case Study: Handling Different Religious Beliefs 19

Self-Protection Checklist 21

3 Reducing Conflicts with Parents: Using Contracts and Policies Effectively 31

Setting Your Own Rules 32

Restrictions on Your Contract and Policies 33

Payment Schedules 37

Case Study: Offering Customized Payment Plans 37

Rate Structures 40

Case Study: Handling the Loss of Funding 40

Making Your Contract and Policies Work for Everyone 41

4 Building Partnerships with Families: Preventing Sticky Situations and Promoting Clear Expectations 49

When Teachers Babysit for Program Families 50

Case Study: Pros and Cons of Babysitting 50

Authorized Lists for Pickup 54

Case Study: Documenting Custody Rights 54

Instituting a Safe-Departure Policy 59

Case Study: Safety Concerns at Release Time 59

Introducing New Policies to Families 66

5 Keeping Your Child Care Center Safe for Everyone: Prevention Strategies 67

Your Legal Duty 67

An Ounce of Prevention 68

Caring for Sick and Injured Children 70

Keeping Children Safe When Outside and Away 73

Child Abuse 74

Sex Offenders 79

6 Minority Rights: Whose Differences Are Protected? 81

Balancing Minority and Majority Needs 81

Immigrants in America 82

Case Study: Immigrant Family Rights 85

English-Language Learners 85

Case Study: Helping English-Language Learners 89

LGBT Children and Families 89

Case Study: Addressing Concerns 92

Children with Disabilities 93

Case Study: Working with Parents 96

7 Privacy and Confidentiality in the Internet Age 97

Ethical and Legal Issues 97

Common Privacy Concerns 99

Internet Challenges 104

When Your Center's Reputation Is Attacked on the Internet 106

Licensing Records 107

Staff Issues 108

8 Employee Hiring Process: Ethical and Legal Policies 111

Obtaining References of Substance 111

Case Study: Contacting References 115

Drafting Job Descriptions 116

Writing Job-Interview Questions 116

Asking Appropriate Interview Questions 117

Changes to the Americans with Disabilities Act (ADA) 119

Case Study: Disabilities and Reasonable Accommodations 120

Awareness of Cultural Differences in the Hiring Process 122

Case Study: Being Culturally Aware 122

9 Supervision Challenges: Stepping Up to the Plate 123

Facing the Discomfort of Confrontation 123

Case Study: Managing a Resistant Employee 123

The Probationary Period 127

Employment "At Will" 128

Progressive Discipline Steps 130

Returning to Employment "At Will" 134

Grounds for Immediate Termination 135

Confronting Difficult-to-Document Behavior 136

Complying with ADAAA Requirements on Disciplinary Action 141

Case Study: Disciplinary Action and Disability 141

Case Study: Addressing Highly Sensitive Issues 143

Confidentiality Requirements 144

10 Insurance: Are You Fully Covered? 145

What Does Insurance Protect? 145

Vehicle Insurance 148

Visitors and Workers on Your Premises 149

Directors' and Officers' Insurance 149

Shopping for Insurance and an Insurance Agent 150

Insurance Coverage Limits 151

Liability Waivers 152

Appendix: Helpful Websites 153

References 159

Index 169

About the Authors 175

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  • Anonymous

    Posted September 1, 2014

    Flarefires life chapter2

    (Thanks for the sugestestions.)
    <p>
    Flarepaw caught some mice. He went over hill the next day. Cros that hill and the moonpool will be there mewowed firekit. So he went to the moonpool and slept there in his sleep when he went to starclan he looked for his father he him he asked fireclaw dad how do i find a clan. Go to emberclan he meowed so the next morning he started on his journey. He went to a forest and caught a eagle or two. The next night his father apeared in his dream and said you shall be none as flarefire!
    <p>
    Flarefire went on seeking food where ever he went etheir a streamm a forest a towleg place. he kept on going then he found out the way to emberclan

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