On the surface it seems very simple. You pay someone to watch your child. You drop off in the morning and you pick up in the evening. If you knew all of the things that could go wrong you would not be able to function. There are some legal issues that have to be talked about in order to understand why your provider can’t always say yes to you. To begin with, we should discuss all of the legal bodies your provider answers to and what they do that affects your child’s care.
Your provider receives a license or registration from the State DHS or ACF office. They are in charge of conducting spot checks and licensing inspections. They have licensing regulations that providers have to comply with concerning every aspect of care from diaper changing to rest time. If your provider is inspected and is not in compliance they not only risk losing their license they risk being charged with child neglect or abuse. Here are a few examples.
* In Iowa blankets are not allowed in cribs. Neither are mobiles, pillows or toys. Parents wanting their child to sleep with a blanket will insist over and over, and will even resort to a doctor’s note. The provider still can’t comply.
* Sunscreen, diaper cream and lotion are medications. They cannot be applied without a written consent form listing the name, dosage and application instructions. They also cannot use diaper cream on a child that doesn’t have a diaper rash. In some states even Desitin requires a note from a physician.
* Providers are required to adhere to strict guidelines for medicines. They cannot give your child nebulizer treatments on your say-so. They have to have all medicines in the original container clearly marked with a current fill date and dosage instructions. They cannot alter the dosage or the schedule. This rule makes parents crazy, because they often want for us to administer 2 doses closer together so that they don’t have to do it at home, and we can’t. If a medicine says 2x per day they need to be 12 hours apart, not 8. Providers cannot accept old prescriptions or re-use a medication from one illness to another. Every time a nebulizer is used a new doctor’s note must be given and can be valid for no more than 1 week. It is very frustrating for providers when parents demand breathing treatments multiple times per day and insist we give them even if their child has no symptoms, while the doctor’s order states the medicine is to be given “as needed”. Nebulizer sticks must be in the package with the child’s name on it. You cannot bring us a handful of loose sticks and expect us to give them to your child.
* A provider can be held liable for releasing a child into the custody of someone who does not have an appropriate car restraint system (car seat). So if you forget the booster seat at home and put your three year old in a seatbelt, we are required by law to report it to DHS.
* Providers must keep children safe. We cannot allow children to be removed from care during a tornado or severe storm warning.