My breastmilk was accidently given to another child at day care. Can they kick my child out?

Question

This is actually a follow up question to one asked a few days ago. My baby's teacher accidently fed another child my breast milk. The director of the facility keeps asking (no, she keeps harrassing) me to get a drug test to prove I don't have HIV or Hepatitis. I wasn't there when it occured and I label all of my child's bottles with her name (she has a similar sounding name of the other child).

So far, I have refused testing (I know I'm clean, I was tested before my child was born). I'm being made to feel like a diseased person. Do I need to hire a lawyer? Also, can my child's day care (Creme De La Creme) kick my child out of their facility if I don't take the drug test?

Answer 1

They shouldn't be able to kick your child out because, it wasn't your fault. But, if she keeps harassing you get a lawyer or, threaten to get a lawyer.

Answer 2

If you would go through with the test - there are specific things that the day care must accomodate for you. First of all, they would have to pay for the test itself. Not only that, but they would have to reimburse you for loss of wages, if you had to miss work. They would also have to pay you some sort of compensation for your time. Your blood should not come free.

You have every right to refuse the test. I would contact an attorney, to sue. It is called discrimination what they are doing. And I'm sure there's quite a few other things that should be looked into, at that daycare.

They do not have the right to kick you out of the day care center. Personally, I would leave. As all day cares are supposed to have strict policies - everything including bottles, breastmilk, and formula - are supposed to be clearly labeled...if they are that careless, I'm wondering what else they are careless with! I wouldn't chance my children in being in a place like that.

Contact your social services department, or ask the center who their licensing agent is. I would make a formal complaint. They know that they did something wrong, and they are trying to cover it up. The other parent has every right to make a formal complaint against the daycare also. The other parent is the one who might be asking for the test, and they are trying to get you to do the test to keep them from a lawsuit from the other parent.

You did nothing wrong. If they did not have a policy to mark items, then they should have. Regardless, you entrusted them with your child, and what your child needed to be fed.

Answer 3

If I was the parent of the child who accidently got your milk, I'd be quite upset with the center. Though, it's not your fault. For all I (as the hypothetical parent) know, you could have HIV or Hepatitis, be a crackhead/meth head, or anything under God's sun. So, you have to understand where the daycare is coming from. Since you say you are disease free, just take the test and have it done with. Everyone would be happy, and this case would be closed. YOU seem to have an issue with complying with the rules and the protocol. I have pumped for my children too, and had to leave bottles. I clearly mark my milk and bottles in bold permanent marker to help avoid mistakes, because I knew I was bringing a biological substance to the center. Of course, I have no disease, but some kids are sensitive to many things, and depending on what I had eaten, the child could have had a potentially serious or fatal reaction. These things are serious.

I think you just need to follow the center's prescribed protocol and get it over with. The other family aren't going to be too understanding and concerned with your word of mouth. They are worried about what their child may have been exposed to. Try and put yourself in their shoes. Would you trust a complete strangers word of mouth that they are "disease and drug free" if it had been your child exposed to their bodily fluids???

I think not.

Good luck, anyways.

Answer 4

well, lets just play pretend, since we are talking preschool.

Lets just PRETEND that you were tested positive for HIV or HEP C. What would they do? They can't cure either one. all they could do is monitor the child, and test the child every few months to see if anything came up. most tests would be negative right away... but alot of these tests they would have to repeat on the baby 6 months later because they take time to show up. But still, no cure. If the baby did test positive finally, then they would start treatment for whatever. but if the baby had not had a positive test yet, they would not start treatments. Anymore than they would give cancer treatment just in case someone has a tumor.

Ok so play pretend over. Lets say you tested negative. THe baby's mother probably still is going to want to have her baby tested. Why? God knows what else they've fed her baby in that place. their workers are negligent and can't even bother to read before sticking a bottle in her kids mouth. For all she knows, her kid has been suckling breast milk from people all over town. Sure she is going to want her baby tested anyway, and will do so regardless of your test results.
The truth is, the center should treat you and everyone else as if they already are diseased, in spite of how insulting you or others feel that is. That is called universal precautions. All body fluids have to be treated like a contaminate, whether someone has been tested or not. The school and parents actions/reactions should be the same regardless of the results of your test. Therefore they need to test the baby anyway. your own test results are probably not necessary. So that other baby's safety and health isn't resting on your test results.

the center is trying to cover their butts from a lawsuit. They think if they can prove YOU arent sick, then whatever diseases that other baby gets, now or 20 years from now, can't be blamed on this one incident and creep up in some lawsuit later. there probably have been threats of a lawsuit by the other mother. So, the daycare might indeed panic and threaten to expell your child because they are desperate to disprove their own negligence, and therefore ward off a potential lawsuit. The truth is , three years from now that other baby COULD get Hep C, from someplace ELSE, and no one could prove it wasnt from your breastmilk unless they have a test to prove the disease was not acquired at the center. So they just don't want to face lawsuits for every disease this other kid gets her whole life, while her mom blames everything from her chicken pox to her pnumonia on your breast milk. You might be spared having to come in and testify at all these future hearings if you just submit to the hiv and hep C test though. I almost guarantee you will be subpeonaed if there is a lawsuit. It could turn into alot more harassment in testimony and travel and days off work, that could be thwarted by a simple test.

For gods sake find another daycare. one where workers are required to pass a reading test or something.

Answer 5

I work at a daycare, and I can understand the daycare's concern. However, it was THEIR mistake & they shouldn't make you out to be the one who messed up. You can offer to sign an affidavit (notorized or signed by your physician) stating that you have been previously tested & are free of diseases. I'm hoping they told the child's parents who was fed your breast milk. Think of what you'd like to see happen if it was your child that was accidentally fed the wrong breast milk.

I don't think they can kick you out for not getting tested. They are just trying to cover their own skins because if that child does end up being diagnosed with some kind of disease the parents can come back to the daycare (not you) and hold them liable. I dont' know if a lawyer is necessary right now, but if things don't settle down in awhile it might not be a bad idea.

Try not to be TOO hard on them, they are caught between two families in a very odd situation trying to come out unscathed. Good luck!

Answer 6

You shouldn't be forced to take a drug test. It's not your fault some idiot caregiver took food from your baby's mouth to give to another child. By law, they cannot force you to take an HIV test. They should, however, make the person who did this take a friggin drug test.

Your best bet would be to contact an attorney. I'd start with one who specializes in maybe malpractice or family law. Most attorneys will answer a simple question or two over the phone for free.

As for kicking your child out...that really depends on the center's policy. My guess would be yes...they can kick a child out for any reason. You should read through the contract you signed with them and see what the policy is on this. I'm betting they can unenroll your child for any reason (or no reason) with two weeks notice.

Honestly, if they're going to be this careless, do you really want your child going there anyway?

Answer 7

OH MY GOD! I cant beleive that the day care has the nerve to make you the bad guy here. This is thier problem...the staff that they hired wasnt competent enough to feed the babies properly...what if they had given a lactose intolerant baby the wrong bottle or something. If they cant handle feeding the kid's thier own bottles then how can they handle watching babies at all. This is no joking matter.
What you need to do is call your state's office of children and family services...they handle any complaints regarding day care centers (they are also the ones who develop the rules and regulations for day care centers) You need to file a complaint with them and trust me the center will be penalized, either their record will be tarnished or they will be fined depending on past violations. Do not let them treat you this way THEY are the ones who did wrong and if they were so concerned about spreading disease then they should be the ones to ensure the childrens safety.
Please file that complaint...do not let them get away with it.
They cannot kick your child out but just for extra insurance check the parents hand book for that center and make sure you didnt sign anything that says in this event you are required to take a test....

Answer 8

i am sure if you had any diseases your child would NOT be drinking your breast milk.. right???.. i work at a day care cente and i think this ideas is rediculous!! it is her teachers fault!! ( although.. i do agree on the fact it may give the other mother a better feeling.. if u just asssure her everything is ok) how ever.. if this director keeps harrassing you about this i would definatly go to a higher power.. either her boss or coorporate ( if its a coorporate center) if ths matter is still not claered thendefinatly go to a lawyer for advice.. there should bwe no reason ur child should be kicked out of the center for some one elses mistake.. but i might find another center if possible.. to avoid this type of mishap agian...
good luck

Answer 9

This is the federal recommended procedure for exchange of body fluids: the Health Department REQUIRES YOU TO NOTIFY THEM, along with the state day care licensing agency. The health department will test the breastfeeding mom for HIV and hepatitis. (this gives the other mom peace of mind, which you probably would want in return). (and it should be no charge for you). Has the other mom been notified? This too is required. Yeh, makes ya feel like a disease factory, but it really is for peace of mind for the other mom and to protect you in any lawsuit. Make the calls to the health department and state licensing agency, and take the tests. If the day care gives you the boot get a lawyer. Here is a web link to find your state agency, the center should have the contact info posted, though. best wishes!!

Answer 10

WOW that' just wrong what they are doing to you. They made the mistake and now you're paying for it. I wouldn't take the test either. You didn't do anything wrong the employee did.
Is this other child's family requesting you take the test also? Or has the day care conveniently forgot to tell them?
Sounds to me like the day care didn't tell the family what happened and to cover their you know what, they are trying to make you at fault so if it ever comes to light to the other family they can say they did what needed to be done. No fault on their part then right?
I would consult with other day cares and see how they would handle the situation. I don't see how they can kick out your daughter for their mistake. There is no where in any paperwork that says you would be subjected to this is there?
If not tell them to stop the harassment.
I'm really sorry this is happening to you. Hopefully things will get resolved without the humiliation they are trying to put you through right now.

Answer 11

For one, if they want you tested, they have to pay for it. I don't think they can "make" you do it. But, if I were you, I'd call the health department and ask them about the situation. If they don't know about it, they should. This isn't your fault, it's the daycare's. They will probably be punished for the incident happening. I wonder if they informed the health department at all about it. Find out.

Another thing that I wonder is why you want to continue to take your child somewhere that mixes up the breastmilk. What else are they mixing up or neglecting? You are clean but what about other moms. How would you feel If you were in the position of the other mother (does she even know?) You'd be livid and want testing from that other mom.

No matter what you decide, you need to see what the health department knows. It should be handled by them, not the daycare.