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Illinois Day Care Center / Child Centers – What Standards Apply to Outdoor Play Areas / Playgrounds?

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network


In Illinois and other States, children are injured in day care center playgrounds every day. Many injuries would have been prevented if the day care center properly supervised the children playing on the playground and properly maintained the playground equipment including swings, monkey bars, slides, stairs, see saws, and ladders. Pursuant to the 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 407.390, Outdoor Play Areas, day care centers are required to maintain the playground areas and equipment in a safe, clean, and sanitary manner. The outdoor play equipment should be of safe design and in good repair. Day care center owners and employees should inspect the equipment to make sure that the equipment is free from sharp points, sharp corners, wood splinters, exposed /protruding nails, rusty or loose mechanical parts, glass, lead based paints, and / or other hazardous or poisonous materials. Climbing equipment shall be securely fastened or anchored to the ground to prevent tipping over, balancing issues, or other dangerous conditions. Swings should be composed of rubber or impact absorbing materials. Wood and metal seats shall not be used. If children under the age of five years age use the playground equipment, guards or precautions should be implemented to prevent strangulation type of personal injuries. As you can see, there are numerous regulations in place that require a day care center to make its outdoor playground areas reasonably safe. While all injuries are not preventable on playgrounds, simple measures can be put in place and maintained to prevent injuries to children in Illinois day care centers.

If a child suffers personal injuries in an Illinois day care center playground, it is often helpful to have the advice and representation from an Illinois child injury lawyer / attorney to review the day care records, rules and regulations, medical records, and bills. Parents of an injured child due to negligent supervise, negligent playground design, or negligent playground maintenance deserve legal representation to make sure that compensation is duly paid and to help prevent injuries or incidents from taking place in the future to other children in the day care center.

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