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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Accidents at Unlicensed Child Day Care Facilities

Most states, including Arizona, require day care providers to be licensed by the state. A.R.S. § 36-897.09 and A.R.S. § 36-886 requires that any individual providing child care for more than 4 children at a time must be licensed with the Bureau of Child Care Licensing.

Allowing children to be placed with unlicensed child care providers presents significant risks to the child. Unlicensed providers may have conducted inadequate criminal background checks. Further, unlicensed providers have no ratio requirements to limit the amount of children per adult supervisors. Too many children per adult decreases the effectiveness of supervision. First Aid and CPR are also required training by all licensed care providers while unlicensed providers may or may not have received training. Additionally, unlicensed daycare providers usually do not have liability insurance. Liability insurance is essential to allow recovery for injuries to children that happen at daycare. A facility that lacks insurance may not have the resources to pay for an injury to a child, thus rendering them judgment proof even if a successful claim can be brought proven against them.

You can check to see if a day care provider is licensed by visiting AZcarecheck.com. Keep in mind that the licensure requirements do not apply for the homes of parents or relatives, daycare in conjunction with religious services, and many other school related programs.

If a child is injured in an unlicensed facility it is important to report the facility by filing a complaint with the state. Although unlicensed providers may be less expensive than licensed providers in some circumstances, the safety risks can significantly outweigh the benefits.

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  • 10.0Shane L Harward

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