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Have You been Served?

by Michelle H. McGinnis, Brian S. Dicker, and Veronica Getskow
November/December 2016
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Article Link: http://exchangepress.com/article/have-you-been-served/5023236/

Editor’s Note: The information in this article is intended as general practical advice based upon legal considerations. It is NOT intended as legal advice. Applicable laws vary from state to state. Consult with a lawyer for your specific legal needs. For more information, go towww.childcarecompliancecommunity.com and register free of charge. Register now and you will be alerted when the updated childcare law informa-tion is posted and webinars are scheduled.

VIGNETTE:

Billy was an aggressive five-year-old who attended Whiz Kidz Preschool. Barbara and Sonia, the owners of the school, were somewhat troubled by several incidents involving Billy and other children, but were not quite at the point of expelling him from the school.

On a cool December morning, little Jill was injured in the play area by the swings and Billy was involved. Barbara and a teacher named Laurie had been on yard duty and both witnessed the incident from different distances and different angles. Barbara believed that what she saw was an accident, whereas Laurie believed there had been an intentional attack by Billy. It all came down to what Billy was doing with his raised arm when his elbow collided with Jill’s eye.

After rendering medical treatment and notifying Jill’s parents of an injury, Barbara ...

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