Latest Blogs

The National Center for Education Statistics reported that 57 percent of preschool children in the United States receive some type of care outside their homes. Which day care providers parents choose matters to the safety and well-being of their children.

"It is important that parents choose licensed day care facilities for their children. Licensed day care facilities have to follow stricter rules. These rules are in place to protect children placed in day care facilities," said Fort Myers Child Injury Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Just recently, July 15, 2015,  an unlicensed New York City day care center was being investigated after an infant died on his first day under its care, The 3-month-old infant was found unresponsive fifteen minutes after being put down for his midday nap.

Last year in January another 3-month-old died while attending an unlicensed day care in Largo, Florida. The day care center was found to be operating for over eight years without a license.

What laws cover the registration or licensing of day cares?

The federal government provides general laws requiring states to have day care facility policies in place covering:

• Prevention and control of infectious diseases
• Building and physical premise safety
• Health and safety training appropriate to the program setting

Because these federal requirements are general, the state standards set for licensing day care facilities vary greatly.

Registration  vs. Licensing

Under Florida law anyone who provides child care in their home for more than one unrelated child must be either registered or licensed through the Department of Children and Families (DCF).  Providers electing to be registered must complete the registration process and receive a registration letter from DCF prior to providing child care in their homes.

Should a day care facility provide care for more than five unrelated children and it receives a payment, fee or grant for any of the children receiving care, they must be licensed.

There are different requirements when a day care facility is registered as opposed to licensed.  

Florida registered day care facilities

Registered day care facilities are not inspected by the department, but they are required to provide annual information as part of the application process. This annual information is to include:

• The name of the operator.
• The number of children served which is not to exceed the capacity defined by Florida Statutes 402.302(7).
• Proof of a written plan to provide at least one competent adult to be available to substitute for the operator in an emergency.
• Proof of screening and background checks.
• Proof that immunization records are kept current for the children.
• Proof that each parent has been provided a copy of a completed Health and Safety Checklist.
• Proof of completion of the 30-hour family day care home training course as well as an approved 5-hour course in early literacy and language development of children ages birth through five years. The 35 hours of training must be completed prior to registration of the day care facility.

Florida licensed day care facilities

DCF provides the licensing component of Florida's child care law (S402.301-319, Florida Statutes). It ensures that licensing requirements are met through on-going inspections of child care facilities and homes to prevent the operation of substandard child care programs. Currently, the DCF is responsible for 62 of the 67 counties in Florida. Florida counties may opt-out and regulate the licensing of day care facilities themselves. Lee, Collier and Charlotte counties are not among those counties opting-out.

Generally a licensed day care facility is:

• Required to be licensed when the provider cares for more than one non-related child.
• Subject to unannounced inspections twice a year. The inspections focus on a variety of health, safety and child development areas. 
• Required to have comprehensive background checks for everyone present in the facility, including themselves.
• Required to have providers complete 40 hours of initial training; pass a competency exam, and complete 10 hours annually of CPR and first aid training.

For more information on what is required for day care facility licensing go to: DCF Day Care Licensing Requirements

Tips for choosing a day care facility

Some of the things parents should do before making a final selection of a day care facility according to HealthyChildren.org and DCF are:

• Determine whether the provider is registered and/or licensed.
• Ask to see compliance records. When doing so, make sure every employee including the actual caregivers to the janitorial staff has undergone thorough background checks and drug screening checks.
• Check state records for any violations.
• Ask for recommendations from other parents and check the Better Business Bureau.
• Do several unannounced visits to the day care to see the routine including the attentiveness of the supervision, the ratio of staff on duty to the children present and other factors which help provide as safe a facility as possible.
• Be sure each facility being considered has multiple staff members on-site who are certified in CPR and basic emergency care for children.
• Check the safety of outdoor play areas including fences and gates.

"If your child has been injured at a day care facility, whether registered, licensed or not, contact an experienced child injury attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. We have the expertise to handle these types of cases," said Attorney Spivey.

Fort Myers Child Injuries Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.