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Americans With Disabilities Act |
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities. All family child care providers, including providers exempt from state regulations must comply with the ADA.
A disability is a physical or mental impairment that limits one or more major life activities: hearing seeing, learning, speaking, and walking. Such disabilities include, but are not limited to cancer, cerebral palsy, deafness, diabetes, emotional or mental illness, epilepsy, HIV and AIDS, learning disabilities, and mental retardation.
Providers must make reasonable accommodations to include children with disabilities. What is reasonable will depend on the individual assessment of the child’s needs and the program’s ability to accommodate those needs.
Providers cannot deny care to a child with a disability for these reasons:
- Child has a severe disability
- Provider doesn’t feel she has skill to deliver care
- Provider policies say she doesn’t care for children with disabilities
- Provider doesn’t feel comfortable dealing with certain disabilities, such as AIDS
- Providers must care for children with disabilities unless Offering her services to the child would impose an “undue burden” (significant difficulty or expense)
- The child’s condition poses a “direct threat”
- Removing an architectural changes isn’t “readily achievable”
- Accommodating the child would “fundamentally alter” the nature of the program
This handout was produced by Think Small (www.thinksmall.org).
For Tom’s entire publications visit: NAFCC Store (NAFCC members receive a discount)
Tom Copeland This email address is being protected from spambots. You need JavaScript enabled to view it. Phone: 801-886-2232 (ex 321)
Facebook - http://www.facebook.com/tomcopelandblog
Blog - http://www.tomcopelandblog.com
"Become a member of the National Associaton for Family Child Care, (http://www.nafcc.org/) and receive monthly business e-newsletters, discounts on books by Tom Copeland, IRS audit help, and much more."
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An Introduction to Legal and Insurance Issues Workshop Evaluation |
by Tom Copeland
Instructions: Before the workshop begins, please take a moment to answer the questions below in the first column, by circling your answer. At the end of the workshop answer the same questions again in the second column.
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Answer before workshop begins |
Answer after workshop begins |
||||||
|
True(T) |
False(F) |
Don’t Know (DK) |
True(T) |
False(F) |
Don’t Know (DK) |
||
| 1) |
A provider can refuse to provide care to a child wiht epilepsy if the provider doesn't believe she can provide adequate care |
T | F | DK | T | F | DK |
| 2) | A provider must care for a child in a wheelchair even if the only way to do so would cost her $10,000 to build a ramp to her front door | T | F | DK | T | F | DK |
| 3) | A provider can refuse to allow a father to pick up his child because the mother is afraid the father will kidnap the child | T | F | DK | T | F | DK |
| 4) |
If you follow safe business practices and purchase a lot for Business Liability Insurance, you won't be sued by an angry parent |
T | F | DK | T | F | DK |
| 5) |
A liability waiver signed by a parent will not protect a provider if the parent later tries to sue the provider |
T | F | DK | T | F | DK |
| 6) | If a day care parent falls on the front steps of a provider's home, the provider's homeowners insurance will cover her | T | F | DK | T | F | DK |
| 7) | It's better not to get a lot of business liability insurance because doing so will increase the chances that a parent will sue you | T | F | DK | T | F | DK |
| 8) |
If you are not sure if your car insurance policy covers you while you are driving, don't talk to you insurance agent because this will only increase the chances that your policy will be cancelled |
T | F | DK | T | F | DK |
| 9) |
Most providers should incorporate their business |
T | F | DK | T | F | DK |
| 10) | Providers can save money on their taxes if they incorporate as a Limited Liability Company | T | F | DK | T | F | DK |
This handout was produced by Think Small (www.thinksmall.org).
For Tom’s entire publications visit: NAFCC Store (NAFCC members receive a discount)
Tom Copeland This email address is being protected from spambots. You need JavaScript enabled to view it. Phone: 801-886-2322 (ex 321)
Facebook - http://www.facebook.com/tomcopelandblog
Blog - http://www.tomcopelandblog.com
"Become a member of the National Association for Family Child Care, (http://www.nafcc.org/) and receive monthly business e-newsletters, discounts on books by Tom Copeland, IRS audit help, and much more."
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Custody Disputes: Married and Unmarried Couples |
Family child care providers sometimes find themselves being forced to act as a referee in disputes between parents. The mother doesn't want the father to pick up the child, or the father who is paying child support wants to see the records of when the child was in attendance, and the mother objects to this. These parent disputes can get intense and many providers wonder how they can avoid being caught in the middle.
Here are some general guidelines. If the parents are married, then both mother and father have equal rights to their children unless a court has limited their rights. This means a mother can't limit the rights of a father or vice versa. If a mother doesn't want the father to pick up the child, the provider should demand that the mother give the provider a copy of a court order that states that the father's rights are restricted. The provider needs to have a copy of any court order so she can follow what it says. If the mother can't produce a court order (custody degree, divorce settlement, restraining order, etc.) then the provider should give the father the same access to the child as the mother.
If the parents are not married, then the situation is different. In general, the mother has complete rights to the child until a court order grants the unmarried father some rights. This is true even if the father has signed a paper acknowledging that he is the father. So if an unmarried father says he wants to see the records of a child, the provider should ask to see some court order that grants the father custody rights before agreeing to this request. If the father can't produce this, then the provider should tell him she will not cooperate and he needs to speak with the mother about his request.
The rules on what rights an unmarried father has can vary from state to state. As a general rule it is best to assume that the unmarried mother, but not the unmarried father, has the rights to the child until you see a court order that says differently. If you are not certain about what a court order says, contact your local child care licensor or child care resource and referral agency for assistance.
If a mother or father tries to pick up a child and you are not convinced that this person has the legal right to do so, do you best to try to contact the absent parent and resolve the problem peacefully. If the parent insists on taking the child, do not hesitate to call 911 and report this situation to the police.
This handout was produced by Think Small (www.thinksmall.org).
For Tom’s entire publications visit: NAFCC Store (NAFCC members receive a discount)
Tom Copeland This email address is being protected from spambots. You need JavaScript enabled to view it. Phone: 801-886-2232 (ex 321)
Facebook - http://www.facebook.com/tomcopelandblog
Blog - http://www.tomcopelandblog.com
"Become a member of the National Associaton for Family Child Care, (http://www.nafcc.org/) and receive monthly business e-newsletters, discounts on books by Tom Copeland, IRS audit help, and much more."
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The Consequences of Incorporating |
There are four major ways a family child care provider can operate her business: sole proprietor, partnership, limited liability company (LLC), or corporation. The vast majority of providers set themselves up as a sole proprietor (a self-employed business). Deciding under what business structure to operate is an important and complex decision. In the end, after taking into consideration all of the factors in this decision, we believe that for the vast majority of providers the best decision is to operate as a sole proprietor.
We strongly recommend that providers who are considering a business entity other than a sole proprietorship should consult an attorney and a tax professional before making this decision. Here is a summary of the five major factors that you should use in evaluating your business entity decision:
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|
Sole Prop |
Partnership |
LLC |
Corporation |
|
Record Keeping Complexity |
lower |
higher |
higher |
highest |
|
Fees Owed |
lower |
higher |
higher |
highest |
|
Control of the Business |
higher |
lower |
higher |
lower |
|
Taxes Owed |
higher |
higher |
higher |
lower |
|
Limited Personal Liability |
higher |
higher |
lower |
lower |
The issue of limited liability is complicated. Providers who purchase adequate business liability insurance should be able to protect themselves from most business risks. Although there is somewhat more personal liability protection when you incorporate, it is necessary to keep careful records and follow many corporate formalities to obtain this protection. We believe that unless a provider has a business profit of more than $30,000 and significant personal assets that need protection, it is not necessary to choose any other business entity beside a sole proprietorship.
This handout was produced by Think Small (www.thinksmall.org).
For Tom’s entire publications visit: NAFCC Store (NAFCC members receive a discount)
Tom Copeland This email address is being protected from spambots. You need JavaScript enabled to view it. Phone: 801-886-2232 (ex 321)
Facebook - http://www.facebook.com/tomcopelandblog
Blog - http://www.tomcopelandblog.com
"Become a member of the National Associaton for Family Child Care, (http://www.nafcc.org/) and receive monthly business e-newsletters, discounts on books by Tom Copeland, IRS audit help, and much more."
| |
Custody Disputes: Married and Unmarried Couples |
Family child care providers sometimes find themselves being forced to act as a referee in disputes between parents. The mother doesn't want the father to pick up the child, or the father who is paying child support wants to see the records of when the child was in attendance, and the mother objects to this. These parent disputes can get intense and many providers wonder how they can avoid being caught in the middle.
Here are some general guidelines. If the parents are married, then both mother and father have equal rights to their children unless a court has limited their rights. This means a mother can't limit the rights of a father or vice versa. If a mother doesn't want the father to pick up the child, the provider should demand that the mother give the provider a copy of a court order that states that the father's rights are restricted. The provider needs to have a copy of any court order so she can follow what it says. If the mother can't produce a court order (custody degree, divorce settlement, restraining order, etc.) then the provider should give the father the same access to the child as the mother.
If the parents are not married, then the situation is different. In general, the mother has complete rights to the child until a court order grants the unmarried father some rights. This is true even if the father has signed a paper acknowledging that he is the father. So if an unmarried father says he wants to see the records of a child, the provider should ask to see some court order that grants the father custody rights before agreeing to this request. If the father can't produce this, then the provider should tell him she will not cooperate and he needs to speak with the mother about his request.
The rules on what rights an unmarried father has can vary from state to state. As a general rule it is best to assume that the unmarried mother, but not the unmarried father, has the rights to the child until you see a court order that says differently. If you are not certain about what a court order says, contact your local child care licensor or child care resource and referral agency for assistance.
If a mother or father tries to pick up a child and you are not convinced that this person has the legal right to do so, do you best to try to contact the absent parent and resolve the problem peacefully. If the parent insists on taking the child, do not hesitate to call 911 and report this situation to the police.
This handout was produced by Think Small (www.thinksmall.org).
For Tom’s entire publications visit: NAFCC Store (NAFCC members receive a discount)
Tom Copeland This email address is being protected from spambots. You need JavaScript enabled to view it. Phone: 801-886-2232 (ex 321)
Facebook - http://www.facebook.com/tomcopelandblog
Blog - http://www.tomcopelandblog.com
"Become a member of the National Associaton for Family Child Care, (http://www.nafcc.org/) and receive monthly business e-newsletters, discounts on books by Tom Copeland, IRS audit help, and much more."
