What Records Must You Give Parents?

How should you handle requests for your records from parents in these scenarios?

• Parents are in a custody dispute and the father wants a copy of his child's enrollment form and a record of how often the mother was late to pickup their child.

• Mother wants copies of daily email reports the provider sent to her six months ago.

• Divorced father wants a copy of the contract the mother signed.

What records on the children in your family child care program can or should you share with parents?

First, your state child care licensing rules may require you to share certain information with parents. This can include a copy of your contract, enrollment information or other records. If you are not sure what records you are required to share with parents, ask your licensor.

Other than licensing requirements, you are free to set you own rules about what records to share with parents. Your policies may offer to share records with parents. If so, follow your own policies or change them to meet your needs.

Beyond this, I recommend you keep all records about the children in your care confidential, unless some other government agency requires you to release them. This could include the police, child protection, or a court order.

Parents don't automatically have a right to see your business records. This includes attendance records, counts of meals served, enrollment forms, parent payment history, parent conference notes, child photographs, your notes about children, and anything else in the child's files.

The mother wants daily email reports from six months ago? You have several options. You can say no; you can say yes; you can charge a fee to send them again. It's up to you.

In a custody dispute, you should only share reports that you are required to share because of a court order. A lawyer for the father wants records showing how often the mother picked up the child late? You should refuse unless a court order requires you to release this information. The reason is that you don't want to get involved with this dispute and providing records will only further draw you in.

If a father and mother have shared legal custody this means each parent has an equal say in making decisions on behalf of the child. This includes decisions such as medical treatment and who should care for the child. Having legal custody doesn't mean the parents have a right to see their child's records. So, if the mother wants a daily report on her child, you do not have to provide it. If it's your standard policy to produce a daily report on the child and share it with each parent, then you can continue to do so.

If a parent wants to see a copy of your signed contract or your policies, you should always comply. This is the one record you should freely share, under normal circumstances. Biological parents always have a right to their child until a court takes away their rights. So, if the parents are separated, but not divorced, each parent should be able to see your contract, even if only one parent is paying you.

If the mother has sole physical custody and she, not the father have signed your contract, the father does not have a right to see your contract. If the parents have shared legal custody then share your contract and policies with the both parents.

Summary

As a general rule, you are not required to share with parents any records you have on the children in your care. They are your private business records.

You must share these records when required to do so by child care licensing rules or other government agencies, or by a court order.

Unless a court has restricted the rights of a parent, if a parent asks for some records you have on their child, you are free to share them if you want.

If you are not comfortable sharing records with a parent who demands to see them, check with your licensor to find out if this is a licensing requirement. If not, you are free to turn down this parent request. If pressed by the parent, ask them to show you a law that requires you to share information with them. Put the burden on the parent to prove to you that you are required to share information.

Tom Copeland - www.tomcopelandblog.com

Image credit: https://branchta.org/national-guard-families-fresh-ideas-and-resources-for-your-work/