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Child Care Abuse/Negligence

Has your child been hurt in a child care situation in Mesa, Arizona?  If you are concerned that your child has been the victim of child abuse or neglect at the hands of the people you trust for care, it is important that you call Attorneys Brigham Cluff and David Cluff right away for a free consultation regarding your child’s rights in this situation.  Criminal prosecution of the abuser is provided for by law, but in child abuse cases, many times the wounds go much deeper than physical.  Umansky Criminal Defense Attorneys will help your family get whatever it needs to get over this terrible time and back to your life.

Negligence in a Child Care Situation

Arizona state law provides staff to child ratios to help ensure the safety of children in day care situations.  The state laws are very specific as to how many children per adult in every age group.  In a child care center (not an individual home):

  • Under one-year must be supervised one adult to five babies, or two adults to eleven babies.  Eleven is the maximum number of infants allow in one room.
  • One-year-olds have a one adult to six children ratio, or two to thirteen.  Again, thirteen is the maximum allowed in one room.
  • Two-year-olds have a maximum allowance of eight children to one adult.
  • Three-year-olds have a maximum allowance of thirteen children to one adult.
  • Four-year-olds have a maximum allowance of fifteen children to one adult.
  • Five-year-old and school age children have a maximum allowance of twenty children to one adult.

In rooms of mixed ages, the ratio follows the youngest child in the room.  Infants may not be mixed with any other age group unless the total number of children at the facility is less than six.

For ages two and older, the maximum number of students allowed in each room depends on the square footage of the room and what the allowances the child care facility has made.  Each child care facility that is licensed by the state will have the maximum number of children allowed at the center printed on the license itself.

If these ratios are not followed closely by the center, there is an increased chance that a child will get hurt, which can be considered negligence on the part of the facility.  Even if these standards are followed, and a child does get hurt, it does not automatically absolve the facility of negligence.

The ratios for in-home childcare are one adult to five children, no matter the ages.  The maximum number of children allowed at one in-home childcare facility is fifteen, which can be broken up as ten children that pay for services and five that do not.

Parental Rights Concerning Childcare

Regarding licensed childcare in the state of Arizona, parents have rights when it comes to the daily activities of their children.  Parents are the most important in the role of child development, and in choosing a licensed center for their childcare needs allows certain rights:

  • Parents have the right to expect the care for your child meets minimum standards set by the state.
  • Parents have the right to visit their child any time, no appointment is needed.
  • Parents have the right to see all areas in the facility where the children will be throughout the day.
  • Parents have the right to view the public file of the childcare facility.
  • Parents have the right to request to view inspection reports at the facility.
  • Parents must give written permission for their child to go swimming or leave the facility during the day.
  • Parents must be notified immediately of any serious injury or accident requiring medical attention should occur.
  • Parents should be made aware of their child’s daily activities and progress.
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