Manage Campus Childcare Risks

Childcare centers can help K-12 schools, colleges, and universities support parents and employees. But these centers also bring children onto campus for extended periods and may involve regulated operations and outside providers, which can increase your risk exposure.  

To minimize liability risks, centers must follow state licensure regulations and detailed guidelines developed by experts in the field. Following these practices helps you create policies and take actions to protect a vulnerable population. 

Define Who Owns the Program 

Campus childcare centers might be a wholly campus-run entity, a wholly independent provider-run entity, or a combination thereof. Identify all the responsible parties for the program — who owns the childcare location; who hires and trains the care providers; who is responsible for adhering to state and local licensing requirements, and other obligations. 

State and jurisdictional licensing rules establish minimum requirements for many childcare programs. Work with legal counsel to determine your jurisdiction’s requirements.  

Once you understand your obligations, document your staff’s responsibility for: 

• Licensing and regulatory compliance 
• Hiring, screening, training, and supervision 
• Facilities maintenance and inspections 
• Parent complaints 
• Enrollment agreements and contracts 
• Emergency response and family reunification 
• Incident reporting and escalation 
• Insurance and claims notification 

When independent providers are involved, also address:  

• Appropriate indemnification 
• Insurance limits and coverage requirements 
• Additional insured status for your institution 
• Certificate of insurance  

Carefully review contractual risk allocation with an independent provider so your institution does not assume liability for losses it did not cause or cannot control. 

If your institution leases facilities to third-party childcare providers, consult with state agencies regarding your landlord responsibilities and their tenant responsibilities. Allocate inspection and maintenance responsibilities in the lease. 

Screen Employees and Volunteers 

Apply screening requirements to everyone whose role may provide regular or unsupervised access to children. Depending on the specifics of the childcare program, the group that is screened may include employees, interns, volunteers, substitute workers, drivers, and contractors. Many states require screening of adults working with children in a paid or unpaid capacity. Adhere to your legal requirements.  

For employee and volunteer screening: 

• Conduct background checks at hire and periodically thereafter. Do not allow anyone to start work before completion of the background checks. 
• Ask questions on the written employment or volunteer application about prior criminal convictions, pending criminal charges, disciplinary action, removal from positions, and places of residence. 
• Review suitable references, such as employers, schools, and volunteer or charitable organizations. 
• Conduct personal interviews that include questions to help determine whether the individual has difficulty developing adult relationships or exhibits an excessive interest in developing personal relationships with children. 

Regularly train employees and volunteers on: 

• Age-appropriate activities 
• Positive discipline 
• Proper boundaries 
• Sanitary techniques 
• Reporting suspected abuse as required by state law  

Follow the staffing ratios and room capacity guidelines the American Academy of Pediatrics recommends. Consider ways to eliminate secluded areas where bullying and abuse could occur. Supervise children at all times, even when they are sleeping. 

Examine Facility Design, Maintenance, and Safety  

The design guide developed for childcare centers in federal buildings provides helpful tips for developing a childcare space and location. Childcare licensing frameworks address building safety, playgrounds, sanitation, health practices, and emergency planning. Include the center in facilities inspections and preventive maintenance programs. Use childcare-specific guidance when evaluating playgrounds, classrooms, bathrooms, and other spaces.  

Properly train care providers on sanitary techniques. Collaborate with sanitation services to develop procedures for cleaning: 

• Toys and equipment 
• Food preparation and service areas 
• Changing areas 

Build Child-Specific Safety Procedures 

Restrict access to the facility to authorized people by: 

• Limiting drop-off and pickup to authorized individuals 
• Requiring visitors (including parents) to sign in and out; always supervise visitors 

Based on children’s ages and any special needs, develop procedures for: 

• Headcounts during transitions and emergencies  
• Illness, medication, allergies, and medical emergencies  
• Temporary exclusion of sick children 
• Immunization prior to enrollment 
• Infant safe-sleep practices  
• Field trips and transportation  
• Missing or unaccounted-for children  
• Parent notification following injuries or significant incidents  
• Unexpected staffing shortages 

Plan for Emergencies 

A general campus emergency plan is not enough for a childcare program. Children, particularly infants and toddlers, may need help evacuating, sheltering, communicating with families, and reuniting with authorized caregivers. In your emergency plans, detail response procedures for:  

• Crises 
• Sick or injured children 
• Flu and other communicable disease containment 
• Severe weather 
• Fire 
• Violence 

Also include an emergency closure policy in the emergency plan. Give parents the policy. 

Review the Program Regularly 

Treat childcare as an ongoing institutional risk, not a one-time approval. Conduct a multidisciplinary review when the operator, facility, managerial personnel, ages served, hours, transportation arrangements, academic uses, or applicable requirements change. 

Annually review:  

• Licensing status 
• Inspection findings and related corrective actions 
• Background check processes 
• Training records 
• Emergency plans 
• Contracts 
• Insurance documentation 

Document this review and assign responsibility for resolving identified gaps. 

More From UE 

Checklist Series: Protecting Children From Educator Sexual Misconduct (K-12) 

Protecting Minors on College Campuses: A Series of Checklists 

Youth Protection K-12 Resource Collection 

Youth Protection Higher Ed Resource Collection 

This material is presented for general informational and risk management purposes only. It should not be considered legal, coverage, or other professional advice. Readers should consult their legal counsel, broker, or other appropriate adviser regarding their specific circumstances. 

Copyright in this material is owned by United Educators (UE), a Reciprocal Risk Retention Group, unless otherwise stated. Permission to post, reproduce, distribute, share, or use this material beyond its intended audience must be obtained from UE. All rights are reserved.