Oklahoma Governor Signs Daycare Liability Measure

Gov. Brad Henry has signed legislation to require Oklahoma daycare centers to carry liability insurance to compensate families whose children are injured or killed while in the day-care’s custody.

The bill, entitled Demarion’s Law, is named for Demarion Pittman, a 3-year-old boy who suffered a heat stroke and extensive brain damage after being left in a stifling vehicle by employees of an uninsured day-care facility last August.

“This family won’t benefit from this bill, not at all,” the measure’s author, Rep. Mike Shelton, said. But it will help ease the financial burden on other families whose children are injured at day-care centers in the future, Shelton said.

Demarion’s mother, Edna Pittman of Oklahoma City, said his medical expenses have topped more than $1 million since the incident and that it will cost millions more to care for him in the future.

“No parent should face the prospect of mountains of debt and possibly losing their home because of the negligence of a daycare operator,” said Shelton, D-Oklahoma City.

The measure will require any daycare center licensed by the Department of Human Services to carry liability insurance, beginning Nov. 1. Shelton said large commercial day-care centers generally carry insurance, but many family operated, home-based facilities do not.

The facilities will be required to carry a minimum of $200,000 of liability insurance, Shelton said.

The measure would also require daycare facilities that are unable to obtain insurance to inform parents that they have no liability coverage. If a facility’s policy expires, it would be required to notify both DHS and the parents or caregivers of children in its care.

“An informed parent has the ability to make the best decision for their family,” Shelton said.

Demarion and his mother attended several House and Senate committee hearings on the bill, which received bipartisan support.

Demarion was in a coma for two months after he was left in a daycare center van on Aug. 2, according to his mother.

He was left in the van for several hours following an outing to a bowling alley while in the care of daycare center workers who apparently forgot about him after he fell asleep. His temperature was 117 degrees when he was finally pulled from the van.

Shelton said Demarion had been a normal 3-year-old boy but can no longer walk and talk and has to be fed through a tube.

“It’s a life-changing situation, not only for the child. It was a life-changing experience for the family,” he said. “He must seek treatment almost on a daily basis.

“Regulation of the child care industry sends the message to Oklahoma’s parents that the state values the lives of their children and we are going to take every step necessary to ensure not only their children’s safety, but also their family’s finances,” Shelton said.

At least 29 other states, including Texas, have similar insurance requirements for day-care centers, Shelton said. Oklahoma’s law is modeled after the Texas statute, which requires its daycare facilities to carry a minimum of $300,000 in liability coverage, he said.