What If My Child Is Injured At Daycare?

It is mid-morning at work, and your cellphone rings. You see it is the daycare center calling. Every parent knows that dreaded feeling. What’s wrong? What happened? Is my baby okay?

If your child is injured while at a licensed daycare, Ohio law provides for who has to be notified and when depending on the type of injury that occurred.

When is an Incident Report Required?

According to Ohio law, an incident/injury report must be completed by the child care staff member in charge of the child when the following occur:

• An illness, accident, or injury which requires first aid treatment;
• A bump or blow to the head;
• Emergency transporting; or
• An unusual or unexpected event which jeopardizes the safety of children or staff, such as, a child leaving the center unattended.

Who Must Be Notified and When?

The center must document the incident/injury using the Job and Family services form JFS 01299 “Incident/Injury Report”. The completed report must be given on the day of the incident/injury to the parent, guardian, or person picking up the child from the center. In situations requiring emergency transportation, the incident/injury report must be available at the center for the parent or guardian within at least twenty-four hours following the incident/injury. Copies of incident/injury report forms must be kept on file at the center for at least one year, and must be available for review by the director’s representative.

The center administrator must speak with a representative from the appropriate licensing office within twenty-four hours during the week (or within forty-eight hours if the incident occurs on a weekend or holiday) if any of the following occur:

• Death of a child at the center.
• Any situation occurring while a child is in care of the center, that requires emergency medical treatment or professional consultation or transportation for emergency treatment
• An unusual or unexpected event which jeopardizes the safety of children or staff, such as a child leaving the center unattended.

Written notification to the licensing agency must follow the twenty-four-hour verbal notification. This incident report must be faxed, mailed, or scanned and emailed or submitted online to the licensing office within three business days from the occurrence. Submission of the incident report alone does not fulfill the verbal notification requirements.

If there are concerns of child abuse or neglect, there must also be notification and reporting to the public children services agency in addition to the incident report requirements.

Contact Rinehardt Injury Attorneys

If you believe your child has been neglected or abused by a childcare provider, or if your child was injured due to inadequate supervision or because of poorly maintained facilities, call us for a free consultation.