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Daycares Cannot Be Cited for Some Failures if They are Not Licensed

Steve Wagner

Once again, differences in Indiana daycare laws are causing problems for children across the state.

Child advocates are saying it is time for the nonsense to stop after a state inspector was recently unable to cite an unlicensed daycare facility for a lack of supervision. Daycares should be held to the same standards, regardless of the type of facility they are. Licensing is essential to maintain standards and allow for proper disciplinary action in cases of child safety, caretaker negligence and more.

According to a recent story by the Indy Star, “Ministry day cares have far fewer regulations than licensed homes and centers. The checklist for registered ministries has roughly half as many boxes as the checklist for licensed day care centers.” Religious daycare facilities are not required to maintain a certain number of staff per children, they are allowed to spank, they do not have regulations regarding constant child supervision, and they are not technically required to provide children with food and water during the day!

The vast majority of daycare deaths occur in unlicensed facilities. Why is it that these facilities are held to less stringent standards than licensed daycares? In recent inspections, unlicensed, registered daycares on average were cited for as many or more violations than licensed facilities, in spite of the fact that registered daycares have far fewer issues for which they can be cited. When these issues are cited and a facility is given a deadline to resolve the problems, not much can be done in the way of legal action for failure to resolve citation issues or repeat offenses. Because registered daycares aren’t state-run facilities, they are not subject to the state mandates that licensed facilities are.

If you have had a loved one injured or subjected to daycare negligence at an Indiana daycare facility, the daycare negligence lawyers at Wagner Reese can assist you. Our attorneys have handled a number of lawsuits against daycares and daycare providers for personal injury and wrongful death to children. Give us a call today at (888) 204-8440 to schedule your free consultation.


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