Christopher Dort
Coach Rossnina
More than one child care professional has lost sleep over worrying about what happens if a child in their care with a peanut allergy accidentally eats a peanut treat? It is a legitimate worry for many reasons.
Peanut allergies are among the most common and most dangerous food allergies. A tiny exposure to peanuts can mean big trouble for a person with a peanut allergy, with symptoms ranging from sneezing or coughing to the constriction, or narrowing, of airways. Some people die from the exposure. (Science News.org)
Naturally, child care providers can be legally liable if a child in their care has an adverse reaction if the child care provider was “negligent” in preventing the exposure.
And peanuts are everywhere, it is hard to control what other kids bring into a location, and it may be difficult to know in advance which kids have a peanut allergy.
What is a provider to do? Is there anyway to avoid the liability and the worry? While there is no way to prevent the risk entirely, the answer is yes – you can reduce the liability risk and the danger by taking reasonable steps to avoid the problem.
1. Require all parents to notify you inwriting of all known allergies a child has.
By forcing the parents to disclose the info, you avoid claims that you failed to inquire about possible problems. You can have an allergy disclosure sentence in your parent / provider contract such as: “Parents are required to list allo known allergies theri child may have on the lines below, including but not limited to drug or peanut allergies.”
2. Notify parents that you cannot guarantee a peanut free environment.
It is nearly impossible to prevent all traces of peanuts from appearing in a home, school or play ground. Even if a provider is super careful never to introduce a peanut product, a child may slip by with an unknown peanut snack, and cause an accidental exposure. It would be foolhardy to guarantee a parent there will never be peanut residue in a school or center.
But by giving parents notice that there may be peanut residue on your grounds, you prevent a claim that you failed to warn the parents. You also leave it up to the parents to not use your services if they are not willing to assume that risk.
3. If you have a child with a known peanut allergy,document your efforts to keep peanuts away from the children.
Reasonable steps to avoid the exposure should be documented – such as a notice to all parents asking them to not send peanut materials to the center, etc.
You can limit resistance from the parents to these terms by explaining the reasoning behind them. And if a parent demands that you provide a peanut free school, you should carefully consider the practicality of it before you agree.
Filed under: Child Care Contracts Tagged: | allergy, chilcare, child, child care, contract, liability, parent, peanut allergy, school
Hey Chris,
I recently have an issue with a family who’s child has a peanut allergy. I have explained that it is pretty impossible to have a nut free environment. I would love to have some verbiage for a policy to communicate this to all the parents.
Chris do you have anything you can share that I can use?
Thank you,
Love your blog,
Kelli
Kelli, thank you for your comment.
Here is what I reccommed you put in your policy or contract for parents to review and accept the fact that you cannot guarantee an allergen free environment:
“Parents must notify us in writing of all known allergies the child may have. Although we strive to take reasonable precautions, Parents understand and agree that we cannot guarantee an allergen free environment. It is possible that a child in our care may come into contact with naturally occurring bees, nut residue, and other substances that cause some children allergic reactions.”