Child Care Facility Bathroom Safety Laws
Most parents would do anything for their children. Their child’s safety is the most important thing to them and they will take every possible measure to keep their children out of harms way. However, parents can not spend every moment of everyday with their children. Often times parents have to entrust the safety of their children to a caregiver.
Child Care facilities are required by law to take the following steps to prevent child bathroom injuries. If a daycare fails to follow these rules and your child gets hurt then you can bring a claim for damages against the negligent daycare:
- The daycare must maintain a ratio of at least one toilet and sink in one or more well-ventilated bathrooms for every 20 children.
- Toilet facilities must afford adequate privacy appropriate to the ages of children enrolled in the program.
- Staff must accompany children to the bathroom whenever toilet facilities used by the children in care are also available to the public.
- When toilet facilities are used exclusively by the daycare program and are not available to the public, an individual child of the appropriate age may, with permission from the educator, go to the bathroom independently. Staff may only allow one child at a time to use the bathroom independently.
- Bathrooms must be in close proximity to children’s activity space, and readily accessible to all children, including children with disabilities.
- In facilities licensed for the first time after the effective date of these regulations, toilets and sinks must be available no more than one floor level away from the approved program space.
- When adult toilets and sinks are used, the daycare must provide a safe means to permit access by those children who are able to use them.
- In addition to toilets, portable “potty chairs” may be used in a bathroom for children unable to use toilets.
- In programs serving children younger than school age, locks on doors to bathrooms must be inaccessible to children or easily opened from both the inside and outside.
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