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Hire staff or not to hire?

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P

psy

Guest
Texas
We are an afterschool program that is licensed by the state. We recently accepted a child in our program who has a mental disorder causing the child to become violent. We have already had incidences where the child has become upset and thrown objects, had tantrums, and even struck other children. There is no specific behavior that causes the child to become violent. The child also has a tendency to wander off if not being watched closely. Any transition during the day requires an instructor to be holding the child's hand to prevent any wandering. Due to this child's behavior, we have been required to issue one-on-one care, which is extremely difficult when you have a group of 20. You can't just ignore the other children to give special attention to one problem child.

We have become concerned about the safety of the other children and also about the behavior of the other children. The children see the special attention being given to one child and they begin to act in the same manner to receive attention.

The mother has authorized using physical restraint and loud verbal communication to aid in controlling the child. Due to being licensed by the state, to use her authorized methods, we need to have trained staff.

My questions are:
1. Are we under any obligation to hire additional staff that have the required training to cope with the child?
2. Do we have the option of telling the mother that we do not have the manpower to work solely one-on-one with her child? That our instructors do have at least 19 or so other children in their groups that they must attend to?
3. What legal rights does the mother have if we do say that we can not care for her child in the way that the child needs to be cared for?
4. What are our legal rights and/or obligations in this situation?

Thanks,
Concerned
 


P

psy

Guest
Haven't questioned Licensing Authority yet? Trying to get advice before doing so.

Thanks.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Then, I would advise you to contact them first. Logically, they are the folks who are most familiar with your business's laws, rules and regulations. As such, they are the people who are in the best position to assist you. Further, you're bound to get a faster, more accurate, response from them due to their familiarity with the rules, etc., that are required in situations such as yours - - and it would appear that "time is of the essence" for you. Your licensing authority is there for you - - let them do their job to assist you.

So, go to the source.

IAAL
 

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