By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In Illinois and other States, children are frequently injured at a day care center. Some incidents are mere accidents that could not be avoided even in the best of circumstances. Other injuries result from negligence, negligent supervision, improper maintenance, abuse, neglect, and, yes, from intentional acts of other children or employees of the day care center. Pursuant to Illinois Administrative Code, Title 89 – Social Services – Chapter III Department of Children & Family Services Rules (including licensing standards) Subchapter E (Requirements for Licensure) Part 407 – Section 407.70, Organization and Administration, the day care center has duty to report and document injuries or illnesses that take place at the day care center. In particular, any accident or injury requiring professional medical care, death or other emergency services shall be documented in the child’s record and verbally reported to the child’s guardian or parent. In addition, these incidents or observations shall be reported to the appropriate local licensing office of the Department of Children & Family Services. The day care center must notify the Department in writing within 2 days of the incident.
Documentation and reporting are vital so that parents are duly notified of these incidents and illnesses. Furthermore, it is important for the Department to be notified so that the Department can step in when a matter is serious or when there are numerous occurrences at one facility.