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Critical aspects of daycare release forms

On Behalf of | May 8, 2019 | Firm News

Parents trust daycare facilities to provide appropriate care for their little ones. Unfortunately, not all care providers live up to the appropriate standard and endanger the children in their care.

For this reason, it is important for parents to take their time when selecting an appropriate facility. Within the enrollment paperwork, parents will encounter a release form, and it is important that they be aware of a few critical aspects of this form.


The purpose of the daycare release form is to clearly denote the responsibilities of the care facility. There are two main aspects of the release form:

  1. Emergency medical care
  2. Liability clause

The emergency medical care allows the facility to seek medical care for a child in the case of an emergency. This can actually benefit the child; without this allowance, the facility would have to get in touch with a parent and receive permission before seeking medical attention. In the case of an emergency, quick response is usually essential. On the other hand, the liability clause is in place to cover the facility on the back end.

Liability clause

The liability clause, or indemnification clause, limits what a party is or is not allowed to hold another party accountable for. Particularly in the case of a daycare release form, the liability clause limits the facility’s responsibility in the case that a child gets hurt.

In case of injury

Do not let the liability clause intimidate you. In fact, most care facilities include them in the release form to discourage a claim. However, historically the courts allow claims for injured children to stand. The reasoning is that though the parents agreed to the liability clause in signing the form, it is the child who received the injury, not the parents. Especially in cases where the caretaker showed negligence, it is possible to argue a successful claim.

Understanding these key elements of the release form can help you to be prepared in the chance that you need to seek restitution for your child. In such instances, proper medical records can aid in developing a solid case.

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