Building a Profitable Daycare Business

Top Legal Issues Affecting Child Care Providers

Practical Legal Advice for Small Childcare Business Owners

Legal concerns may exist with childcare centers that can cause legal actions from a family or with the facility versus the family members depending upon the problem details. Parents may not reveal behavior issues such as hitting or biting upon registration. Some facilities fall short in dealing with the children and can become open to liability. Most small childcare business owners tend to downplay some essential legal aspects of their businesses at the initial stages, not knowing that it could cost them dearly in the future.

Taking care of children and law may seem like two non-related fields, but they are indeed closely related and interdependent. Childcare businesses have unique legal needs to ensure they are protected. Every state has laws and regulations to ensure all children enjoy a safe environment when their parents are not around.

Whether your new childcare is opening in your home, a commercial rental or a building you own your state and local government will have a verity of licensing and compliance requirements. Hiring an experience childcare Attorney to help guide you to ensure you are covered.

List of Legal Issues Affecting Child Care Providers

  • Administering Medication and Incidental Medical Services
  • Americans with Disabilities Act (ADA) and Child Care
  • Child Care Liability Insurance
  • Complaints Against Your Child Care Facility
  • Guidelines for Releasing Children
  • Immunization Policies
  • Jury Duty for Family Child Care Providers
  • Legal Duties of Landlords to Family Child Care Provider Tenants
  • License Exempt Child Care
  • Responding to Suspected Child Abuse or Domestic Violence in Child Care Setting

Administering Medication and Incidental Medical Services

Day care providers must follow certain requirements when providing prescription and non-prescription medications as well as giving incidental medical services to children in their treatment.


Top Legal Issues Affecting Child Care Providers

All businesses, whether it is a multi-location corporation or a sole proprietorship, must adhere to basic legal guidelines and regulations. Here are the top four legal mistakes establishments make during startup and advice on how to avoid them.

1. Failing to hire a business attorney

All business startups, whether it is a partnership or sole proprietorship, require legal advice and direction right from the start. An Attorney, for example, advises you on how to set up your business in the right structure, gives guidance on business tax laws, and ensures that you follow the correct legal procedures when handling various contracts.

2. Hiring without proper documentation.

The federal law requires that all employees produce documents to prove that they are allowed to work in the US. They must fill out their section of the USCIS Form I-9 on their first day at work, and within three business days, they should present the employer with documents for proof of identity and work permit. Recruiting and hiring new personnel without asking for such documents or verifying their authenticity could get you in serious trouble. Your business could face closure, or you could end up being imprisoned. Check your state's requirements for hiring childcare employees. Most states require background checks, fingerprinting, and special licenses.

3. Non-binding agreements with suppliers

All your contracts with outside vendors and suppliers should be formal and in writing. Whether it is an outsourced service, the supply of food or daily supplies, or occupancy, you need a competent lawyer to help you draft these contracts.

4. Register and Protect Names

If your one daycare expands to multiple multiple locations you need to ensure you can carry the brand with you. Failing to register and protect names, products, and intellectual property All childcare businesses should duly acquire trademarks, patents, and copyrights. The process protects the identity of your childcare business, your services, and ideas that are unique to your business. Engage the services of a competent lawyer to help you protect all these individual elements of your daycare.

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It was never my dream to be in the business of looking after children. It was, however, the dream of my step-daughter. I had many years of experience running an extensive verity of companies. When an opportunity presented itself to her to step into a daycare space that had been vacant for two years, I was all in to make it happen. Over the years we have learned a lot about managing, marketing, financing, and enjoying the childcare business. Childcarebiz.com was created to share that knowledge.

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