"Holiday cheer" comes in many different forms. For some people, it means an overindulgence with alcoholic beverages. What would you do if an intoxicated person came to pick up a child that had been left in your care?
It is possible that you could be sued if you do nothing to protect a child that is being picked up by an intoxicated person. The law might be construed to regard such a situation as "neglect," and therefore you may have a duty to report such a situation to the appropriate authorities.
Every child care provider would be well-advised to have a written agreement with the parents for this situation. A copy should be given to the parents upon registering the child and just prior to the Thanksgiving holiday every year. Your agreement should be to never release a child to an intoxicated person to transport, and that if they insist to take the child any way that you will call the local police with the make, model, color, license plate number, and direction of travel.
Insurance companies recommend the following if you ever find yourself in such a situation:
- Make an attempt to persuade the intoxicated person to contact someone else to transport themselves and the child to their destination. The potential problems and consequences of their actions should be pointed out to them in as polite a manner as possible.
- Try to politely insist that they not remove the child from your care.
- Remind them of your written agreement on this matter. Try to explain that you are trying to protect them, the child, and yourself.
- If the intoxicated person gets obnoxious or insists that you do not have the right to prevent them from taking the child, let the child go. You do not have the legal right to detain a child from his or her parent or legal guardian. It is questionable, however, whether or not you can detain the child from someone that has their permission to transport the child. In that case, the parent or guardian should be contacted.
- Contact the police with the information mentioned above. If the intoxicated person is walking, note that this is also unsafe and arrange to have someone accompany them to their destination.
- Immediately following the incident, make a written report of the names, date, time, and any other matters relating to the incident. This is a precaution for your protection, in case of a claim or an accident. A report may also need to be filed with the case worker if the child is under the protection of a county or a court.
This is a situation we hope you will never have to confront. But it will be a much easier situation to handle if you have a written plan which is reviewed periodically.
From the December, 1994, issue of The Teddy Bear.
