Coronavirus Update: To New & Existing Clients Learn More ›

Articles Posted in Day Care Injuries

day care injuries licensingSelecting appropriate childcare for a young child or infant can be an overwhelming task that is as difficult is choosing a university or college for your teenager. However, ensuring the safety and happiness of your child in a day care environment is your responsibility. It should provide education, fun, nurturing and above all, safety.

Families with Children

Nearly 70 percent of all families will place young children in some form of day care. Whether you select a preschool, center-based facility, or in-home care, there are specific guidelines you can use to ensure your child receives professional, quality care. Over and above selecting the best location at an affordable cost is the reputation of the facility or childcare service, and one that has an appropriate license for the services they provide.

Day Care and Nursery Neglect and AbuseOften times, out of necessity, many parents of young children require childcare services including day care centers and nannies. Unfortunately, children are often the victims of neglect and abuse in these facilities, at schools, or at home through the actions of the nanny. Many times, neglect or abuse is unknown because the child might be scared to discuss the matter, or too young to communicate effectively.

Lack of supervision, neglect, sexual abuse, and physical abuse are real dangers anytime others care for the child. Children are frequently physically abused or neglected by staff members that might be inadequately screened or trained.

Insufficient screening or improper education can result in hiring reckless or dangerous employees. Other times, there is inadequate supervision over the staff required to protect the child. Consequently, children at the facility can become the victim of emotional and/or physical abuse, sexual assault, or other horrific acts.

Group Day Care HomeA Group Day Care Home is “a family home which receives more than 3 up to 16 children for less than 24 hours per day.” Illinois administrative code Part 408 (Licensing Standards for Group Day Care Homes), sets out the standards for licensure as a day care home and describes how to apply for a license. A group day care home license is valid for three years and must be displayed in the home at all times. This license will tell you the caregiver’s name, how many children can be cared for in the home, what areas of the home can be used for child care, and whether night care can be provided.


The caregiver must be at least 21 years old. Only persons 18 years of age or old can transport children. A full-time assistant must be at least 18 years old. Any assistants under 18 years of age, must be directly and personally supervised by the caregiver at all times. Part-time assistants must be at least 14 years old and 5 years older than the oldest child they supervise. There may be a substitute caregiver (over the age of 21) for up to 25 hours per month and for an additional two weeks in a 12-month period.

day care centerDay Care Center is “any child care facility which regularly provides day care for less than 24 hours per day for more than 8 children in a family home or more than 3 children in a facility other than a family home, including senior citizen building” (excluding school systems).

Illinois administrative code Part 407 (Licensing Standards for Day Care Centers), sets out the standards for licensure as a day care home and describes how to apply for a license. Day Care Center licenses are also valid for three years. The license, which must be posted, indicated the maximum number of children allowed in the facility and areas of care.


Child Care Primer Daycare Homes “mean family homes which receive more than 3 up to a maximum of 12 children for less than 24 hours per day” (excluding facilities that receive only children from a single household). Illinois administrative code Part 406 (Licensing Standards for Day Care Homes), sets out the standards for licensure as a day care home and describes how to apply for a license. Family homes (provide care for more than three children, including the caregiver’s own children) must be licensed by DCFS; a license means that DCFS has inspected the facility and the facility met all licensing requirements. These licenses are valid for three years unless revoked by DFCS and are valid only for the family residence of the licensee and cannot be transferred to another person.

Caregivers at Day Care Homes

Caregivers must be at least 18 years old. They must be able to provide medical reports that they are free of reportable communicable diseases. A substitute caregiver may be used in the home up to 25 hours per month and for an additional period of up to two weeks in a 12-month period. Children can only be transported by people 18 years of age or older.

child playing in day careIn many personal injury cases establishing a that party is at negligent can be done generally by establishing that the party deviated from the standard of care in the community or by demonstrating that a party failed to abide by a code or ordinance applicable to the facility.  When it comes to ordinances, it is important to determine the applicability of the ordinance to the facility.

Regulation and licensing of child care is primarily the responsibility of individual States. The federal government does regulate child care, but federal law only requires that states regulate child care in three areas in order to protect the health and safety of children:

  • The prevention and control of infectious disease