Legal Question in Family Law in Louisiana

My daughter has a treach. I have put her in a daycare at the school where I teach. My mother, my daughter�s grandmother, is the head director of this daycare and is right there if something happens to my daughter. As I said, I work there also, where if something happens, I'm right there too. The daycare worker provider for my daughter was a CNA and has a degree in surgical tech. She also used to work in the pediatric burn unit in a hospital. She is very well qualified to deal with treach, have put them in when they fall out, and how to suction, as she had to do this for her previous employment. She even came by my house before I put my daughter into daycare to get to know my child and to make sure she was doing everything correctly on treating my child correctly. She is also a personal friend of mine that I grew up with, so there for, knows my daughters situation before I decided to her in daycare and has more of a personal interest in her. My boss is also on site of the school/daycare and is a first responder and knows firsthand on how to deal with emergency situation, including child safety. The local fire department by the school also knows that my child attends this daycare and is aware of the situation. There is also one other child in the room with my child and his crib is nowhere near my daughters crib, as the daycare worker provider doesn't want her to get sick. The other set of parents also keeps us informed when their child is getting sick and keeps him home so my child doesn't get sick or calls me if I need to keep my child home. My daughter�s pulmonologist wants records from the daycare worker that she is medically trained to deal with treachs. We contacted our case worker with our insurance company and when she called the dr. asking him why he wants this, as we all feel that she's in a safe place and this is really none of his business. His excuse is for the safety of the child. He gave my insurance case worker two options we have, to put our child in a special need daycare that his group is starting or hire a privet nurse which requires me to quit work because the privet nurse must be around a parent at all times. Our case worker even called another pulmonologist that is in the same state as we are in, and this pulmonologist said that this is crazy and sounds like our daughter is in the safest place. It sounds like to this dr., that my daughter�s dr. is trying to get us to put our daughter in his daycare that he's trying to start. I feel like that my child is under my and my husband�s care and we have the right to choose to put our child in any daycare we want. Even my child's pediatrician agrees that she is in the best place. My child has not even been sick or re-hospitalized since we brought her home. My question is, does this pulmonologist have a right to question me where I put my child? If I don't follow his recommendations on daycare, what can he do legally? As a parent, I feel like it's my choice where I put my child. She is in great hands. I don't want to put my child in his special needs daycare where I am not there, where at least I am there at this daycare/school where l teach. At least I'm right there in case of an emergency or if my child gets sick. I also can't afford to quit work to babysit a privet nurse. What are my legal options to deal with this situation also?


Asked on 10/31/10, 6:56 am

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

Chnge doctors. You have received several second opinions and none agree with this one. A doctor can only make a report of abuse, he has no further authority than that.

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Answered on 11/05/10, 8:05 am


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