Has your child suffered abuse at a daycare facility in Wichita, Overland Park, Kansas City, or another area of Kansas? Call our daycare abuse attorneys today at 1-877-403-9378.
Since 1919, any and all programs which provide childcare services in Kansas must be licensed by the state. This law was implemented due to the fact it is necessary to protect children from harm while engaged in group settings that could put their health and safety at risk.
A Kansas Supreme Court decision in 1980 ruled that the state has the power to make laws to protect minor children that live within its jurisdiction. The state also has the right to conduct an inspection of any building used as a children’s home, assess a nominal fee, and require an operational license. Additionally, in 1985, the Supreme Court ruled that when a church operates a day care center, it is not considered a religious practice and therefore is not exempt from any state regulations.
Basic Purpose of Regulations
When a state such as Kansas regulates child care facilities, it is with the intention of reducing the potential risk of predictable injuries to children while they are in the child care setting.
Regulations provide a basis for the operation of child care programs, but simply because they are a base level does not mean in any way they are of an inferior quality. However, programs that do not adhere to that base level increase the potential for children to be subjected to harm; something the state should consider unacceptable.
Effects of New Regulations
Kansas passed landmark legislation called Lexie’s Law which put tighter constraints on the regulation of child care facilities in Kansas. Within two years, the quality and availability of day care increased. Since that time, Kansas has also become a model for other states when it comes to the regulation of family day care homes. Lexie’s Law is considered to be one of the most important changes in the promotion of the health and safety of children in day care settings.
Lexie’s Law was passed in 2010 and was named after a 13 month old baby who died of injuries she suffered at a daycare in 2004. This was the first significant change to the standards of Kansas child care in decades. While the number of day care homes has decreased since the implementation of Lexie’s Law, the total available child care slots has increased.
Regulations and Child Protection
Lexie’s Law was created as a result of the number of daycare deaths that occurred in the preceding four years (when 27 children died in child care facilities). One such incident involved a toddler who died in 2008 after being left for two hours in a car seat that was too small.
While the new laws provide more professional training and regular inspections, they do not eliminate the need for having legal representation in cases that involve child care-related injuries. While the authorities and state regulatory agencies can certainly handle the criminal portion of the case, it is your responsibility to pursue a civil claim (lawsuit).
Do not attempt to handle your civil claim on your own; rather, seek a free consultation with an experienced Kansas daycare abuse attorney. Your attorney will explain your legal options, and if you choose to pursue a claim, ask your attorney to take your case on contingency. This way you never pay anything out of pocket, and your attorney only gets paid if he/she is successful in recovering you actual compensation. To speak with attorney Jeff Rasansky about your case for free, call 1-877-403-9378 today.