Managing Legal Risks in Early Childhood Programs How to Prevent Flare-Ups from Becoming Lawsuits

ISBN-10: 0807753777

ISBN-13: 9780807753774

Edition: 2012

Authors: Holly Elissa Bruno, Tom Copeland, Beverly Falk

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Can my child care program be sued? If you have ever asked yourself this question, you are not alone. This guide will help you prevent and manage problems with potential legal consequences, reduce the risk of a lawsuit, and assist you in preparing a strong defense should your program be sued. This practical book covers a wide range of topics, including privacy issues, accusations of discrimination, employee hiring/firing practices, and insurance coverage. The authors offer clear advice and examples of specific policies and procedures that will help you keep children safe while improving communication with parents, regulators, insurance agents, and lawyers.
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Book details

List price: $26.95
Copyright year: 2012
Publisher: Teachers College Press, Teachers College, Columbia University
Publication date: 11/23/2012
Binding: Paperback
Pages: 192
Size: 6.00" wide x 8.50" long x 0.50" tall
Weight: 0.594
Language: English

Beverly Falk is Professor of Education and Head of the Graduate Programs in Early Childhood Education at The City College of New York, The City University of New York. She currently edits The New Educator and has authored The Heart of the Matter (Heinemann, 2000) and coauthored A Teacher's Guide to Standardized Tests (Heinemann 1998) and Authentic Assessment in Action (Teachers College Press, 1995).

Introduction: "Can My Child Care Program Be Sued?"
The Limits of This Book
Knowing the Right Thing to Do: Guidance from Legal History, Legal Theory, and Brain Research
Are Your Decisions "Fair Enough" or "No Fair!"?
Is One Decision-Making Process Fairer Than the Other?
Due Process Model of Fairness
How Rational Are Our Decisions?
Codes of Ethics
Case Study: Reporting Suspected Abuse
Acting Ethically While Reducing the Risks of a Lawsuit
A Theoretical Framework to Reduce the Risks of a Lawsuit
Case Study: Handling Different Religious Beliefs
Self-Protection Checklist
Reducing Conflicts with Parents: Using Contracts and Policies Effectively
Setting Your Own Rules
Restrictions on Your Contract and Policies
Payment Schedules
Case Study: Offering Customized Payment Plans
Rate Structures
Case Study: Handling the Loss of Funding
Making Your Contract and Policies Work for Everyone
Building Partnerships with Families: Preventing Sticky Situations and Promoting Clear Expectations
When Teachers Babysit for Program Families
Case Study: Pros and Cons of Babysitting
Authorized Lists for Pickup
Case Study: Documenting Custody Rights
Instituting a Safe-Departure Policy
Case Study: Safety Concerns at Release Time
Introducing New Policies to Families
Keeping Your Child Care Center Safe for Everyone: Prevention Strategies
Your Legal Duty
An Ounce of Prevention
Caring for Sick and Injured Children
Keeping Children Safe When Outside and Away
Child Abuse
Sex Offenders
Minority Rights: Whose Differences Are Protected?
Balancing Minority and Majority Needs
Immigrants in America
Case Study: Immigrant Family Rights
English-Language Learners
Case Study: Helping English-Language Learners
LGBT Children and Families
Case Study: Addressing Concerns
Children with Disabilities
Case Study: Working with Parents
Privacy and Confidentiality in the Internet Age
Ethical and Legal Issues
Common Privacy Concerns
Internet Challenges
When Your Center's Reputation Is Attacked on the Internet
Licensing Records
Staff Issues
Employee Hiring Process: Ethical and Legal Policies
Obtaining References of Substance
Case Study: Contacting References
Drafting Job Descriptions
Writing Job-Interview Questions
Asking Appropriate Interview Questions
Changes to the Americans with Disabilities Act (ADA)
Case Study: Disabilities and Reasonable Accommodations
Awareness of Cultural Differences in the Hiring Process
Case Study: Being Culturally Aware
Supervision Challenges: Stepping Up to the Plate
Facing the Discomfort of Confrontation
Case Study: Managing a Resistant Employee
The Probationary Period
Employment "At Will"
Progressive Discipline Steps
Returning to Employment "At Will"
Grounds for Immediate Termination
Confronting Difficult-to-Document Behavior
Complying with ADAAA Requirements on Disciplinary Action
Case Study: Disciplinary Action and Disability
Case Study: Addressing Highly Sensitive Issues
Confidentiality Requirements
Insurance: Are You Fully Covered?
What Does Insurance Protect?
Vehicle Insurance
Visitors and Workers on Your Premises
Directors' and Officers' Insurance
Shopping for Insurance and an Insurance Agent
Insurance Coverage Limits
Liability Waivers
Appendix: Helpful Websites
About the Authors
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