Tuesday, August 2, 2011

Never let it happen again….

Working parents have no choice but to find a place to send their child for care while they are working. Finding a place to send their child is not a problem because there are a lot of child care centres out there but finding the good one can however be challenging. Recently, we have heard several cases about death of infants caused by negligence of the care centre and mostly died due to choking of milk. This kind of news gives uncomfortable feelings for parents out there. Thus, because of this alarming concern, we feel we need to discuss about this issue.

What you need to know about child care centre?

1. Before sending your child to a care centre, you must make sure;
  • The care centre registered with Social Welfare Department (JKM).
  • This can be done through background check with (JKM) or local authorities (PBT).
2. Care centre is governed by two different laws which are;
  • Child Care Centre Act 1984
  • Care Centres Act 1993
3. Child care centre should meet the requirements set out by;
  • Fire and Rescue Department (BOMBA)
  • Health Department
  • Local authority (PBT)

What you should do if your child is injured or died due to the care centre negligence?
1. Make police report.

2. Inform Social Welfare Department (JKM).
  • JKM have the power to take action against care centres which are not registered.
  • JKM cannot blacklist the care centre and stop the care centre from opening new branch.
3. Inform local authorities (PBT) ·
  • They have the power to shut down the premise because care centres have to register and acquire license from PBT.
4. Take legal action (claim for damages) ·
  • We can take action against the care centre under civil jurisdiction for negligent.
  • Action for negligent is governed by Civil Law Act 1956.
  • Eventhough what you do here will not bring your child back but think of it as a social responsibility and as an initiative to stop irresponsible care centres from operating.
  • It can be done for the purpose of either to restraint them from continuing their activity or to claim for damages. ·
  • Damages can be recovered due to the negligence (in monetary terms).
* Provided elements of negligence is fulfilled;
I. The care centre has duty to ensure safety and comfort of your child;
II. The care centre fail to ensure safety of your child;
III. You have suffered damage (death or injury suffered by your child);
IV. The decedent would not have died but for the negligenct.

It is important for the care centre to ensure that;
  • Minder employed must have proper knowledge in dealing with kids.
  • Skilled and well trained minder is of top priority because of the job scope.
  • Minder employed do their job with utmost care.
  • Minder should have proper knowledge to handle emergency matters. ·
It is important for you to know your rights and for your child to get the best from the care centre you send your child to. Do not let your child be the next victim and you to regret what you have done. Never let it happen again….

Mohd Asni Mansor
Email: mohdasni53@gmail.com
Messrs Irzuan

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