Daycare and Childcare Injury Claims in Georgia

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A child hurt at a Georgia child care learning center brings two sets of questions: what the state’s licensing rules required of the center when the injury happened, and what the center had to record, tell the parents, and report to the state afterward. The Department of Early Care and Learning’s rules answer both in concrete terms, from staff-to-child ratios and the definition of supervision to a 24-hour reporting duty for injuries that need more than first aid.

Which Providers the Statute Covers

Under OCGA 20-1A-2, a “child care learning center” is “any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, seven or more children under 18 years of age,” with an exclusion for certain accredited private schools providing care as an auxiliary service to their own students (OCGA 20-1A-2(3)). A “family child care learning home” is “a private residence operated by any person who receives therein for pay for supervision and care less than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 13 years of age who are not related to such person” (OCGA 20-1A-2(8)). The Department of Early Care and Learning has the power “[t]o regulate early care and education programs in accordance with this chapter” (OCGA 20-1A-4(5)). Its rules for centers are Chapter 591-1-1, which “shall be known as the Rules and Regulations for Child Care Learning Centers” (Rule 591-1-1-.01).

Ratios and Group Size

Rule 591-1-1-.32(1) requires a center to “establish groupings of children for care and maintain Staff: child ratios as follows”:

Ages of children Staff: child ratio Maximum group size
Infants less than one year old or children under eighteen months who are not walking 1:6 12
One-year-olds who are walking 1:8 16
Two-year-olds 1:10 20
Three-year-olds 1:15 30
Four-year-olds 1:18 36
Five-year-olds 1:20 40
Six years and older 1:25 50

Staff such as the director or service workers “shall be counted in the Staff: child ratio only during the time that they are giving full attention to the direct supervision of the children.” The maximum group size does not apply to outdoor play on the playground the center routinely uses, to special activities lasting no more than two hours, or to centers with a licensed capacity of 18 or fewer, but the ratios must still be maintained (Rule 591-1-1-.32(1)). In centers with a licensed capacity of 19 or more, the ratio for a mixed-age group follows the age of the youngest group that includes more than twenty percent of the children (Rule 591-1-1-.32(2)); in smaller centers, the youngest child under three sets the ratio for that child’s group, and in a group where every child is three or older, the age of the majority sets it (Rule 591-1-1-.32(3)). During scheduled daytime rest, the ratios “may be doubled for children three (3) years and older” if at least one staff person is in each room providing direct supervision and all staff the ratios require are in the center and available to assure safe evacuation in an emergency (Rule 591-1-1-.32(5)).

For example, imagine a center with nine infants under one year old in one room and a single caregiver assigned to them. At the 1:6 ratio, nine infants require two staff members, and nine is within the maximum group size of 12.

Supervision, Closing Checks, and Playgrounds

Rule 591-1-1-.32(7) provides that children “shall be supervised at all times appropriate to the individual age, needs and capabilities of each child,” including indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions. Supervision “means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight,” and the persons supervising “must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised.” Staff must be seated “within an arm’s length away from children thirty-six (36) months of age and younger” at mealtimes. Before closing, the staff member responsible for locking the center “shall make a physical inspection of the entire premises to verify that no child is left on the Center’s premises” (Rule 591-1-1-.32(9)).

The playground rule requires that playgrounds “be protected from traffic or other hazards by a four (4) foot or higher secure fence or other barrier approved by this Department,” with fence gates “kept closed except when persons are entering or exiting the area” (Rule 591-1-1-.26(4)).

Water Activities

The version of Rule 591-1-1-.35 effective September 22, 2026 provides that swimming and wading pools “shall be inaccessible to children except during supervised activities,” and it sets separate ratios for water two feet deep and over: 1:2 for children under two and one-half, 1:5 from two and one-half to four, 1:6 for children four and older who cannot swim 15 yards unassisted, and 1:15 for those who can (Rule 591-1-1-.35(2), (3)). At least one person “must have current evidence of having completed successfully a training program in lifeguarding” offered by a water-safety instructor certified by the American Red Cross, the YMCA or YWCA, or another recognized standard-setting agency, and “[n]o child shall participate in a swimming activity without the Parents’ written permission” (Rule 591-1-1-.35(3), (6)).

After an Injury: Notice, Records, and Reports

“Parents must be notified of incidents, illnesses, or injuries” on a schedule the rule sets: immediately when professional medical attention is required, or when a child is involved in an incident that puts the child’s health or safety at risk, such as being missing from the program, left on a vehicle, or escaped from the building or playground; and by the end of the day when professional medical attention is not required (Rule 591-1-1-.07(2)).

The child’s file “shall also contain documentation of incidents requiring professional medical attention, other than simple first aid performed by Center Staff,” including the type of injury, the date, “how injury or illness occurred,” the staff present, how the parents were notified, and the services provided to the child (Rule 591-1-1-.08(3)).

Within 24 hours or the next work day, the director or designated person-in-charge must report to the department any death of a child in care, “any serious illness or injury requiring hospitalization or professional medical attention other than first aid of a child while in the care of the Center,” and any situation in which a child in care goes missing (Rule 591-1-1-.29(3)). The center “must make available all records related to any required report, to include but not be limited to, audio, video, photos, written documentation, social media posts, and other electronic information,” and the department has the right to a copy of any record the center keeps (Rule 591-1-1-.29(3)(a)).

The Civil Standard

A claim against a center is measured by ordinary diligence, the care that ordinarily prudent persons use in the same or similar circumstances (OCGA 51-1-2). An employer must use ordinary care in selecting employees and must not keep them after learning that they are incompetent (OCGA 34-7-20).

Frequently Asked Questions

Can a center serve grapes or hot dogs to toddlers?
Not to children under four. Foods “associated with young children’s choking incidents,” such as peanuts, hot dogs, raw carrots, popcorn, fish with bones, cheese cubes, and grapes, “shall not be served to the children less than four (4) years of age,” and children older than four may be served them only if they are cut to minimize choking (Rule 591-1-1-.15(7)).

Must a center anchor bookcases and televisions?
Yes. Equipment and furniture “shall be secured if it is of a weight or mass that could cause injury from tipping, falling, or being pulled or pushed over,” and the rule names televisions, chests of drawers, bookcases, shelving, cabinets, and fish tanks as examples (Rule 591-1-1-.12(4)).

Which toys are not allowed?
Toys that launch projectiles, such as dart guns, pop guns, and slingshots, “shall not be allowed in the Center,” balloons “shall not be accessible to preschool children,” and toys for children under three must be too large to be swallowed and free of small parts a child could pry off (Rule 591-1-1-.12(7), (8)).

How long must a center keep attendance and sign-in records?
Daily attendance records and records of each child’s arrival and departure must be kept for the preceding 12 months (Rule 591-1-1-.08(5), (6)).

Can staff share a child’s records with outsiders?
Information about enrolled children “is considered confidential and may not be released by Center Staff without first obtaining written permission signed by the Parent(s),” although relevant information may be shared among staff, with the department, with other persons authorized by the rules or the law, and in an emergency involving the child (Rule 591-1-1-.08(4)).

  • OCGA 20-1A-2(3), (8); OCGA 20-1A-4(5)
  • Ga. Comp. R. & Regs. 591-1-1-.01; 591-1-1-.07(2); 591-1-1-.08(3), (4), (5), (6); 591-1-1-.12(4), (7), (8); 591-1-1-.15(7); 591-1-1-.26(4); 591-1-1-.29(3); 591-1-1-.32(1), (2), (3), (5), (7), (9); 591-1-1-.35(2), (3), (6) (version effective September 22, 2026)
  • OCGA 51-1-2; OCGA 34-7-20

Disclaimer

This article provides general information about child care injury claims under Georgia law. It is not legal advice and does not create an attorney-client relationship. Which rules apply depends on the type of provider and the specific facts, and the licensing rules are revised over time. A family dealing with a child care injury should consult a licensed Georgia attorney promptly about the particular situation.

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