As We Look Ahead to 2026: Key Risk Management Reminders for Child Care Providers

With an estimated 568,000 centers and almost one million employees in the United States, the Child Care industry remains a vital component of our communities and economy.  As we approach the end of another challenging year, it is the perfect time to revisit some essential risk management practices to help protect your business and keep the children in your care safe.

Here are some key reminders:

Cameras: Your Silent Witness

• Cameras serve as an impartial witness and a fundamental tool for risk mitigation. Ensure all cameras are operational. Repair any systems disrupted by technical or weather-related issues as soon as possible.
• Periodically address blind spots in classrooms or playgrounds by adding cameras where needed.
• Retain footage of incidents (a minimum of 20 minutes before and after). This can be critical in distinguishing accidents from negligence and gives context to the situation, especially with allegations of abuse or lack of supervision.
• Never record over incident footage, as this can be misinterpreted as an attempt to conceal information.

Few things are more frustrating than realizing the cameras were not working when investigating an incident.

Incident Reporting: Timely Action Matters

• Notify the appropriate parties as required by law.
• Collect written statements from all parties involved to preserve details while they are fresh.
• Report incidents to your insurance agent promptly to avoid jeopardizing your coverage. Timely communication allows us to provide the best possible support and guidance.
• Time-sensitive legal documents should be immediately forwarded to your agent and insurance adjuster.

Honesty is the Best Policy

• Be very clear on what services you can or cannot provide to a child with special needs or behavioral issues.
• Have a non-discriminatory inclusion policy and one that complies with the American Disabilities Act (ADA), where applicable.
• Parents should provide written documentation as to any expected accommodation.
• If you do not have the proper training or staff to provide the necessary accommodations, do not enroll the child.

We have seen a significant increase in claims from parents alleging failure to provide proper safety protocols related to their children’s special needs.  Please consult your attorney for specific legal advice regarding these matters. 

Documentation: Your Best Defense

• Keep thorough records of teacher training, background checks, and disciplinary
• Document child behavioral issues thoroughly. Secure parent signoffs for behavioral write-ups and minor injury acknowledgments.
• Proper documentation can protect your business if disputes arise later.

Prepare for Cold Weather

• Ensure all sprinkler pipes are properly insulated to avoid freezing and bursting.
• When leaving the center for a weekend or holiday, do not turn the heat off completely. If freezing temperatures are expected, the heat should be turned up to a sufficient level to protect the plumbing.
• Check on your property after winter storms to address any potential issues early.
• If you do suffer a loss, please thoroughly document the damage before making any repairs.

Legal Reform

• Work with your state and National Child Care Association on Tort Reform.
• Reach out directly to your legislators and let them know that frivolous lawsuits and runaway jury rewards are causing a significant increase in insurance premiums, which is threatening your livelihood.

Looking Forward

By practicing strong risk management and advocating for tort reform, we can build a more robust and affordable insurance market for Child Care providers. We are here to support you every step of the way.

Here’s to a safe, successful, and healthy 2026!

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Donna Marcus, CIC
CEO
Phoenix Associates
2255 Sewell Mill Road, Suite 230
Marietta, Georgia 30062
(770) 973-4000
www.phoenixinsurance.net