As a parent, you know that there are times when you need to hold or restrain a baby, toddler, or young child. This could happen, for example, if a toddler was about to throw a block at another child or a young child was about to chase a ball into the road.

However, a child should not be restrained as a punishment or to make the life of the caretaker easier in a Kentucky daycare centers.

Types of Restraints That Should Not Happen in Kentucky Daycare

The Kentucky Guidelines for Child Care Technical Assistance (“Guidelines”) specifically recognize that physical contact may be needed to protect a child from immediate danger. In these cases, the daycare provider may need to hold a child to prevent a child from getting hurt or causing someone else to be hurt.

However, in the absence of immediate danger, restraints should not be used. The Guidelines specifically prohibit restraint in high chairs or cribs as a means of discipline. Thus, if a daycare provider needs to correct the behavior of a child, the daycare provider cannot punish the child though the use of restraints.

Similarly, daycare staff should not use medication as a means of sedating or tiring a child out so that the child will be more compliant or go to sleep. It is the daycare’s responsibility to provide age-appropriate rest times for children, but the daycare cannot force a child to sleep. Likewise, the daycare may correct the behavior of a child who is noncompliant in a way that is consistent with state regulations, but the daycare may not use medications as a chemical restraint in order to make a child behave.

Answers You Need if Your Child Has Been Hurt in a Kentucky Daycare Restraint

If your child suffered an injury in a daycare restraining incident, you might have questions such as:

  • What was the immediate danger that necessitated the restraint?
  • Did the daycare provider who administered the restraint have restraint training?
  • Was a report written up about the restraint, and any injury to your child, afterwards?
  • Does the daycare have any policies or procedures regarding restraints and were they followed?
  • Did any other adults witness the restraint?

Our Kentucky daycare injury lawyers can help you get the answers to these questions and we can help your child make a fair recovery if your child was hurt because of a negligent or abusive restraint. Please call or contact us today to schedule a free, no-obligation consultation with one of our experienced injury lawyers.

Mark K. Gray
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Louisville attorney serving the seriously injured in Kentucky
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