Who Should Have Access to Your Files on Children?

"I'd like a copy of your files on one of the children enrolled in your program."

How do you respond to this request?

It may depend on who is asking for the files. The person could be:

* A mother who is leaving your program who wants the files so she can bring them to her next caregiver.

* A father who is in a custody battle wants to show that the mother is always late picking up the child.

* Your child care licensor, a child protection worker, a police officer or a state health department employee.

Children's Files

The files you keep on each child in your family child care program may contain a wide variety of forms and paperwork: enrollment forms, medical forms, notes on child behavior, biting log, health/child development history, observation reports, daily notes, parent conference notes, parent evaluation forms, immunization forms, permission forms, parent contract, legal documents on custody/divorce, permission forms and much more.

Who Has Access?

We start with the basic assumption that the files you keep on the children in your care belong to you and you do not have to share them with anyone. Therefore, you are not required to share any information you have on children with their parents.

You may want to make copies of medical forms, immunization records and child development records readily available to assist parents. It can be considered good customer service to do so. You can also choose to share some records with parents, but not all.

There may be times, however, when information in your children's files could be used against you by parents. Notes you took about a child's injuries or behavior could be used in a lawsuit in an attempt to show that you acted unreasonably.

Government Requests for Your Records

You are probably required to share children's records with government officials. Check your state child care licensing rules for circumstances where information about parents or children must be turned over. In Minnesota, for example, family child care providers are required to share children's records with licensing, medical and public safety persons. Your state also has rules requiring you to share information when you suspect child abuse or neglect.

What do you do if you are uncomfortable releasing information?

Ask the person requesting the information to refer you to a law that requires you to release this information to them. If the law is clear that you must release the information, do so. If they can't show you the law, don't give them anything. If they refer you to a document that is not clear to you, ask for further clarification or other written authority before releasing anything. In general, child care licensing and child protection will have the right to have access to your files on children, but an attorney representing a parent in a custody battle will not.

After a Child Leaves Your Program

You should destroy children's records after they leave your program with the following exceptions:

* Save tax records (attendance records, parent payments, parent contract) for at least three years after the child leaves. Check your state department of revenue to see if you must save them longer.

* Save records associated with series child injuries until the child reaches age 21. Children could later sue you for injuries suffered while under your care. State laws will state whether the cut off point for a lawsuit is age 18 or 21. Be sure to keep copies of your business liability insurance policies so you will know who to call if you are sued years later.

* Check with your child care licensor to see if you are required to save any child records under your state law.

What Records Not to Keep

Whenever you make a note for a child's files, think about the possible consequences of someone else looking at what you have written. Stick to writing only about facts: things you saw or heard, not what you felt or thought. It's okay to write "I saw Marie bite Emma on her right forearm at 10am on Tuesday." But if you wrote "I felt bad because I left them alone downstairs while I was preparing a snack," you could get yourself into trouble if your licensor saw this.

If you want to keep notes about bad parent behavior don't put this information into the child's files. Instead, keep a separate file on the parents in different file cabinet away from your business records. Records you keep in your personal files are more protected from outside viewing than you business records.

For samples of 150 business forms, see the Redleaf Complete Forms Kit for Family Child Care Providers CD.

Tom Copeland - www.tomcopelandblog.com

Image credit: https://pxhere.com/en/photo/1333351Thanks to Blake Crosby.