Daycare Issue

Posted on: Mon, 01/21/2002 - 7:34am
RyansDad's picture
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Joined: 06/04/2001 - 09:00

My child attends a daycare 5 days a week. He has been there for about 2 years. He is now 3 years old and the Child Care director held a meeting with my wife and I today regarding Ryan's peanut allergy. The reason for the meeting was to inform us that they can not protect Ryan 100% of the time with his PA. And that a steering committee will meet in a couple days to determine whether or not to keep Ryan in the daycare. They have stated they have consulted a lawyer and will follow his advice. They also discussed our willingness to sign a waiver. BTW, the daycare has been aware of the PA for about a year and a half. Thank God he is NOT airborne allergic, but he is allergic if ingested or contact on the skin. Can they deny Ryan daycare services because of this allergy? Has anyone else ever created a waiver for daycare for their child? We are more than willing to sign a waiver as long as it stipulates the daycare try to follow some rules also. PLEASE HELP!

Posted on: Mon, 01/21/2002 - 8:16am
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Joined: 05/28/2009 - 16:42

Ryansdad - Reading your posting really angers me. To me, this sounds like discrimination. I believe children with PA are protected under the disability act (I will check into that). I have had several daycare issues. Fortunately now I am lucky enough to be able to stay at home. I finally gave up!! I really do not think they can kick ryan out of the daycare!! I am appalled that they would even consider it. If I were you, I might start looking for a new one, not to appease them, but to get your son in somewhere where people are more educated & able to protect our children.

Posted on: Mon, 01/21/2002 - 8:32am
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Joined: 05/28/2009 - 16:42

I found some information that you might find helpful. I can e-mail it to you but I'm not sure how to go about it. Let me know if you are interested. It is a daycare/questions regarding allergies & rights piece that I found from the Dept. of Justice.

Posted on: Mon, 01/21/2002 - 9:03am
mom in SC's picture
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Please send me the information. That would be great.
It might be easier to post the web address in a reply. Thank you so much for helping.

Posted on: Mon, 01/21/2002 - 9:05am
RyansDad's picture
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Sorry for the confusion, my wife's username is mom in SC.

Posted on: Mon, 01/21/2002 - 11:48am
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Joined: 05/28/2009 - 16:42

Hello! I will give you one of the better websites I found. It is [url="http://www.allergysupport.org/"]http://www.allergysupport.org/[/url] Go down to the links in red regarding food allergies.
I was trying to find something that says children with PA are definitely covered by the American Disabilities Act; Section 504. From what I've read it looks like they ARE covered. Most of what I've seen pertains to schools/pre-school but also mentions other settings including childcare. I know there is a discrimination Complaint Form if you end up needing it later (got that going through yahoo search - "Disabilities Act Section 504" then down to #12 - Title II of the ADA/Section 504 Discrimination Complaint Form). If they end up trying to put him out or even discriminate against him you should really do some more investigating regarding this Act (Section 504). Most of what I have read only justifies taking kids out when they pose a threat to other children. This case is obviously reversed; but I can't understand why they don't feel they can keep Ryan safe. Sounds lazy to me! Good luck.

Posted on: Mon, 01/21/2002 - 11:52am
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Joined: 05/28/2009 - 16:42

By the way.........DON'T SIGN A WAIVER.

Posted on: Mon, 01/21/2002 - 12:30pm
Chicago's picture
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Joined: 04/21/2001 - 09:00

There were several suits against KinderCare regarding PA and their non-compliance. This was prior to 1998, I am sure of that because my daughter was there for a few months after the suit and before her school started. But the key is the Disablities Act. While we don't always like to think of PA like that, it qualifies....
But your question is still, even after you win...do you feel comfortable with them?

Posted on: Mon, 01/21/2002 - 2:04pm
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Joined: 01/03/2002 - 09:00

The Justice Department has a long handout with about thirty questions and answers pertaining to child care and the ADA. There is a specific question about the ADA and children with food allergies severe enough to require an Epipen. This handout will be really helpful to you; it was a life saver to me four years ago, but fortunately I no longer need it. The Justice Department has an ADA hotline (800)514-0301 which is fantastic. They will answer all your questions and fax you the handout. It is illegal for the daycare either public or private to refuse to accept a child with an Epipen; and to accept the child and then kick him out because of an Epipen is really the same thing. There was a preschool or daycare called La Petite which accepted a child with an Epipen, but said they would not learn to use an Epipen, they would only call 911. There was a $55,000 settlement against La Petite due to this and other issues. All this is in the handout. My daughter is almost seven, and I have "been there, done that." Her preschool director took her with her Epipen, then every time I blinked my eyes, the director threatened to kick her out because of it. I was always walking on eggshells. After more than a year of this, I obtained the La Petite settlement (it is public record), photocopied it, highlighted the relevant parts including the dollar amount, and gave it to the director with a short letter saying, "If you want to kick my child out because of her Epipen, go right ahead and here is what will happen". Boy, did that change things! She became very cooperative, never complained about the Epipen again, and our last year there was great. If only I had known I would have done it sooner. Anyhow, it doesn`t mean you have to do the same or that you will get the same result, but please do call the Justice Department. They will help you. It is illegal to kick your child out because of PA, and it is also illegal to have you sign a release. The part about the release I learned from FAAN (800)929-4040. Keep us posted. I am really rooting for you, because I know how horrible it is for the preschool/daycare to make these threats. Also, I learned the hard way, try to get everything in writing. If they tell you verbally that they may kick him out because of the Epipen, you have no proof. What I would do after having learned from my experience, is to write an innocent letter questioning why they would kick him out due to the PA. Hopefully, they will then write you back. Once they put in writing that they are kicking him out due to PA, they will have dug themself into a hole. I know that sounds terrible, but I found that being nice with the preschool made them walk all over me, and once I stood up to them, they backed off.
[This message has been edited by Carefulmom (edited January 22, 2002).]

Posted on: Mon, 01/21/2002 - 10:41pm
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Joined: 05/28/2009 - 16:42

The questionairre referred to from carfulmom can be found at: [url="http://www.usdoj.gov/crt/ada/childq%26a.htm"]http://www.usdoj.gov/crt/ada/childq%26a.htm[/url]
The question is found on page 7 #19 and the case example is on page 11. It is worth reading.

Posted on: Tue, 01/22/2002 - 12:02am
RyansDad's picture
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This is all great information. It's reassuring that the Dept. of Justice is on my side. I also like the advice that I should not sign a waiver. I have consulted a lawyer since yesterdays events and he gave me the same advice simply because there is no reason to sign a waiver. The child care has to follow the ADA.
My wife and I have offered to provide training to the whole daycare staff regarding Epi-pen procedure. We have offered to provide all food for any activity like Christmas, Halloween, Easter, Valentines, Birthday parties, whatever. We are more than willing to do our share too. We find out on Thursday what their decision is. I will keep you posted. Thanks again for the support and the information.

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