Child Injury Laws Blog
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When we entrust another to look after our children, we should be able to have the peace of mind that they are kept safe and are well looked after. In Illinois, Day Care Centers are regulated by the Part 407 (Licensing Standards for Day Care Centers) of the Illinois Administrative Code. DCFS inspects and licensees these facilities (license valid for three years).
Applicable Illinois Laws For Day Care Facilities
Day Care Centers must meet certain health and safety guidelines including but not limited to:
- Ensuring that all children are supervised at all times
- Conducting emergency drills
- Having a properly stocked first aid kit
- Maintaining sanitary and hazard free conditions,
- Keeping hazardous substances kept out of reach of children
- Ensuring food and snacks are safe
Day care centers require a director (at least 21 years old with 2 years of college or experience and 15 hours of training/year), and each caregiver must have a medical report as well as a background check.
A Momentary Error Can Have Lingering Consequences For Children
Most day care injury cases result for the inadequate supervision of a caregiver. Particularly for infants and toddlers who are incapablable of appreciating instructions of staff or apparent dangers, it is crucial that staff keep close supervision of children at all times. A momentary distraction on the part of a caregiver can result in a life altering injury for a young child and is commonly the reason behind serious day care accidents such as:
- Falls from changing tables
- Children dropped
- Ingestion of poison
- Falls from play equipment
- Entanglement of arms and legs
- Allergic reactions
Law Applicable To Regulation of Illinois Day Care Centers
The regulation of child day care centers falls squarely upon the individual States. There are numerous day care regulations set forth in Illinois Statute. Some of the more pertinent portions of Illinois law includes definitions of child abuse and neglect in three places within the State code: mandatory child maltreatment reporting statutes (civil laws), criminal statutes, and juvenile court jurisdiction statutes (Child Protection, 325 ILCS 2, 5,15; Child Welfare 20 ILCS 505, 520; 705 ILCS 405).
While much of the applicable law leaves room for interpretation, Illinois clearly prohibits day care facilities from:
- Corporal punishment
- Threatened or actual withdrawal of food, rest or use of the bathroom
- Abusive or profane language
- Public or private humiliation
- Emotional abuse, including shaming, rejecting, terrorizing or isolating a child.
- “Time-out” is to be limited to one minute per year of age. “Time-out” may not be used for children less than two years of age.
Attorneys For Children Injured or Abused At Day Care Centers In Illinois
The reason the State of Illinois has adopted the above laws is to protect our children. When facilities fail to abide by these regulations, children are at risk for becoming injured, neglected or abused at a day care facility.
Rosenfeld Injury Lawyers understand the importance of day care safety and fights for the rights of kids injured at day care centers. (888) 424-5757
Resources for Illinois daycare safety: