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The Chicago daycare accident attorneys at Rosenfeld Injury Lawyers LLC believe that parents have a right to expect that their children will be safely cared for when they place them in the hands of a daycare center. When daycare facilities cut corners in staffing levels or fail to supervise their staff an incident can occur resulting in an injury to a child. Illinois daycare 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).
Rosenfeld Injury Lawyers LLC is committed to holding negligent child care facilities responsible when children are injured or abused at their facility. Do you believe your child was mistreated at an Illinois child care facility? If so, contact our Chicago daycare accident lawyers for a free case review without any cost or obligation on your part.
Applicable Illinois Laws For Daycare Facilities
Day Care Centers must meet specific health and safety guidelines including but not limited to:
- Ensuring that all children are supervised at all times
- Conducting emergency drills
- Having an adequately 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
Daycare centers require a director (at least 21 years old with two 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 by Day Care Staff Can Have Lingering Consequences For Children
Most Chicago daycare injury cases result for the inadequate supervision of a caregiver. Particularly for infants and toddlers who are incapable of appreciating instructions of staff or apparent dangers, it is crucial that staff members 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
Illinois law affords parents of children injured at daycare to file a lawsuit on behalf of their child against the facility where the incident occurred. Even if you are unsure of the specific circumstances involved with your child’s injury, our attorneys can assist in the investigation of the matter to determine the likely cause. In situations involving negligent conduct is behind the harm, a claim may be asserted for both past and future: medical expenses, therapy, surgery, pain and any resulting disfigurement.
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 outlined 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. These codes include 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 prohibits daycare 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 of becoming injured, neglected or abused at a daycare facility.
Rosenfeld Injury Lawyers LLC understand the importance of child care safety and fights for the rights of kids injured at Chicago daycare centers. Call us today at (888) 424-5757 or fill out our online contact form for a free, no-obligation consultation.
Resources for Illinois daycare safety:
- http://www.injuryfree.org/safetytpc_display.cfm?PermanentId=89A1F820-7831-400C-884171EF38A74C2A
- http://www.ncbi.nlm.nih.gov/pubmed/8545222
- articles/child-abuse-in-an-institutional-setting-requires-multi-faceted-treatment/
- http://www.justmommies.com/forums/f1260-july-august-2010-playroom/2304009-what-do-you-do-when-your-child-gets-hurt-daycare.html
- articles/look-to-your-state-legislature-for-regulations-of-child-care-facilities
