Helping Child Care Centers Navigate Kentucky State Law
Our administrative and regulatory compliance attorneys can guide you through the maze of bureaucratic interpretation of regulations to help ensure that you are properly licensed and compliant.
We are frequently called upon to help with the annual re-licensure surveys or complaint investigations that are conducted by the Cabinet for Health and Family Services (Cabinet), Office of Inspector General (OIG) and Division of Regulated Child Care (DRCC). In the event a survey results in a statement of deficiencies, our lawyers will work with the provider to draft effective plans of correction. Moreover, we are frequently retained by child care centers to perform audits in order to secure ongoing regulatory compliance.
Defending Child Care Center Licenses
If your child care center has received a notification of “negative” action from the OIG concerning its license, whether for a civil monetary penalty (CMP), intermediate sanction, suspension or revocation, you should immediately seek knowledgeable and experienced help.
Our lead attorney, Randall Strause, is a former chief administrative law judge and presided over appeals and hearings of child care center licensure matters for the Cabinet. Strause Law Group has successfully defended child care centers’ licenses in hearings and appeals when the Cabinet had wrongfully attempted to close the center by moving to suspend or revoke the provider’s license. Our team also has successfully reversed an administrative hearing decision where a CMP was leveled against a child care center.
Frequently Asked Questions On Child Care Centers
Below, we address common concerns about child care centers in Lexington.
What are common legal claims made against child care centers?
Child care centers in Lexington may face legal claims when parents believe a facility failed to meet its legal duty of care. These claims can arise from injuries, safety violations or inadequate supervision.
Common claims include the following, each of which can carry serious legal and financial consequences:
- Negligent supervision: Where the staff fails to monitor children during activities properly, leading to preventable injuries.
- Unsafe premises: Involving hazards such as broken equipment, unsecured doors or unsanitary conditions.
- Improper hiring or training: When staff lack the required background checks or sufficient safety training.
- Failure to follow state regulations: Including staffing ratios, reporting obligations or licensing requirements.
Even a single incident can result in regulatory investigations, civil lawsuits or license suspension.
What steps can I take to minimize the risk of liability at my child care center?
Reducing liability requires consistent compliance with Kentucky child care laws and proactive risk management. Centers that implement clear policies are better positioned to help prevent incidents and defend against claims.
Some key risk-reduction steps include the following:
- Maintaining strict supervision protocols that align with age-specific staffing ratios.
- Conducting regular safety inspections of classrooms, playgrounds and equipment.
- Providing ongoing staff training on child safety, emergency response and reporting requirements.
- Keeping detailed records, including incident reports, training logs and parent communications.
These measures not only help protect children but also demonstrate compliance if a claim arises. Our Lexington child care law attorney can review policies and procedures to identify gaps that may increase liability exposure.
What should I do if a child is seriously injured at my child care center?
When a serious injury occurs, immediate and appropriate action is critical. How your center responds can affect potential legal outcomes. Centers should take the following steps:
- Seek immediate medical attention for the child and prioritize their safety.
- Notify parents or guardians promptly and document all communications.
- Complete a detailed incident report with factual, objective information.
- Preserve evidence, including surveillance footage, staff statements and maintenance records.
After addressing the emergency, it is important to consult a Lexington child care liability attorney as soon as possible. Legal guidance can help ensure compliance with reporting laws, protect the center during investigations and reduce any long-term legal risks.
Speak With An Experienced Attorney Today
We represent child care centers located throughout the commonwealth of Kentucky. Whether you own one preschool or a string of day care facilities, an attorney who understands your issues is within reach. Our attorneys do not shy away from taking on challenging issues concerning child care centers.
Our Kentucky firm has developed long-term relationships with our clients. We believe this attests to the quality of our counsel. For results-oriented lawyers who will advocate for your interests, contact us online or call 502-498-8268 or 859-428-7029 to schedule an initial consultation.