Who's Watching the Babysitter? |
Susan M. Brazas for Lawyers.com
- Use available references to inquire about the prospective sitter's personality and attitude toward children
- Seek out resources to investigate any risks, dangers or hazards of the sitter or persons in the sitter's home
- Take steps to protect yourself and seek an attorney's advice if an accident or dispute occurs
The children played contently. Only a few squabbles interrupted their games. One by one, they climbed on chairs and tables. They reached up into the highest cupboards, looking for interesting playthings: A lighter, medicine bottles, candles. Where was their babysitter?
She was outside by the pool, oblivious to the activities going on inside. Could this happen to your children?
Use References to Find Out about the Sitter
Parents may feel uneasy about asking a potential babysitter hard questions about important qualities. Questions such as "How do you like children?" and "What's your description of yourself?" or "Do you have a temper?" However, other people who know the sitter can provide valuable insight, whether they know the sitter personally or have hired him or her before.
It's important to seek out opinions from a variety of sources. Current babysitting clients and the sitter's personal friends may be reluctant to give negative comments. You may get a more balanced opinion if you talk with previous clients, former employers, and neighbors.
Your community may also have a service organization such as the YWCA that offers a sitter referral service, with comments and references from previous clients. Some even provide certification classes.
Don't hesitate to ask whether the sitter is a licensed or certified day care provider. Also ask if she's trained in any medical or emergency procedures such as CPR. Many sitters may decline to seek certification because of the costs and time involved. However, sitters with the training can usually charge more.
Just because a sitter is certified or licensed doesn't mean that they are perfect, but it does indicate a willingness to follow child development, safety and health rules.
Investigate for Red Flags
Many local court systems offer free, easily accessible on-line case searches. This is an easy way to determine if there have been criminal convictions or pending charges against the potential sitter. It's best to search not only in the county where the sitter lives, but also in other nearby counties and counties where they used to live.
Searching official police records or welfare agency records will be virtually impossible unless the sitter gives express written consent to obtain them. You may create an uncomfortable aspect to the relationship by asking.
You could consider checking her background1 or hiring a private investigative search firm to search databases to which you can't easily gain access. However, make a request for a fee estimate upfront before entering into an agreement for these services.
There are also many Internet resources you can use for research.
Know Your Rights and Responsibilities as a Parent
Keep a written log handy with essential information, such as:
- The child's full name and birth date
- Allergies to foods, medications, or animals
- Parents' full names, and birth date
- Key phone numbers are available including parents, other relatives, pediatrician and dentist, and the name of a preferred hospital or clinic
- Names of everyone authorized to, or prohibited from, picking up the child
You should also be proactive in providing such information to your sitter, and update it regularly.
Some parents may agree to a friendly "bartering" or co-operative arrangement where they share babysitting duties with friends, neighbors or the parents of their children's classmates. While this may seem like an even exchange, it's important for everyone to understand any special needs, such as allergies or medical conditions. These are essential informational points for any sitter.
For the Babysitter
While it's not usually required, certification program can help get you more jobs and often a higher pay rate so the cost is offset. It's definitely a good idea to look into these programs in your area.
To protect yourself and the children in your charge, always review with the parents safety and health knowledge so you'll be called back. Even if you've babysat for them previously, it's not a responsibility to take lightly.
In the event of a serious accident or injury occurs while a child is in a sitter's care, carefully document and investigate the event. Above all, obtain medical care for any physical injury and immediately notify the child's parents or guardian.
An attorney will help you understand the likelihood of a lawsuit, or may offer suggestions for working toward resolution through negotiation or settlement, or informal discussions with the other party. If the injury occurred while you were babysitting, notify your insurance carrier immediately.
Most parents are uneasy leaving children with someone else whether they're 10 months or 10 years old. But with caution hiring a babysitter for your children, you can have a nice away. The responsibility goes both ways; a babysitter has to be prepared for anything as well.
Sources
1A division of LexisNexis.
Questions for Your Attorney
- My sitter cares for my children in her home, and her application for a home day care provider license is pending. What kinds of regulations for home day cares and sitting apply to her services now, and after the license is issued?
- I use a home day care provider for babysitting and she wants me to sign a release so I can't sue her if my children are injured while in her car. Should she really expect me to sign such a release?
- Does the place where I babysit children control whether I'm the parents' employee or an independent contractor providing a service in their homes, and what if we disagree as to that status? What does that status mean for taxes and the insurance coverage I should carry?
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