Liability in Child Care

By law, young children are not expected to care for themselves. This is the primary role of the staff at the child care program. The staff must ensure the children’s safety and health. Education is a secondary function.

Center directors are liable for the acts of their employees. Liable means have a responsibility that is upheld by the law. Having liability means you can by punished for failing to uphold your legal responsibility.

The extent of liability may vary, however; as a result, only individuals who are safety and health-conscious should be hired. The director needs to observe newly hired people to ensure they use good supervision techniques.

Child care staff can be punished by law for failing to follow state licensing rules and regulations. That means that YOU can be held responsible if a child care program is out of licensing compliance where you are employed and you do not take appropriate action.

Center staff can be liable for NOT doing the following:

• Providing safe indoor and outdoor equipment
• Operating a center with the required adult-child ratios
• Providing proper supervision
• Providing proper food storage
• Maintaining fence and door locks in proper condition
• Providing other staff with information about children’s special needs
• Refraining from corporal (physical punishment)
• Providing a safe building
• Removing children who lack self-control and are a hazard to themselves as well as others

Center directors, staff, and family child care providers must keep constant watch over the child care environment. They must ensure that it is safe as well as healthy.