Governor Signs "Demarion's Law

Child care facilities will soon be required to carry liability insurance to protect the families of children who are injured or killed as a result of the day care operator's negligence after Gov. Brad Henry today signed the measure into law.

House Bill 2863, authored by Shelton, creates "Demarion's Law" and requires all child care facilities in order to maintain or obtain a license to carry a minimum of $200,000 of liability coverage for each incident of negligence that leads to any injury to a child that occurs while the child is on the premises of or in the care of the child care facility.

The bill passed overwhelming out of both the House and the Senate before heading to the governor.

"This is a monumental day for Demarion's parents and the entire state," said Shelton, D-Oklahoma City. "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. No parent should face the prospect of mountains of debt and possibly losing their home because of the negligence of a day care operator."

Shelton introduced the measure following a rash of tragic incidents at day care centers across the state and after learning of the heartbreaking story of three-year-old Demarion Pittman of Oklahoma City.

In August 2007, after returning from an outing while in the care of a day care center, he was left in a hot van for several hours and suffered extensive brain damage.

Pittman's parents soon learned that not only did the day care facility not carry liability insurance, but also that the Department of Human Services does not require such facilities to carry insurance in order to obtain a license to operate.

Demarion's medical expenses have already topped more than $1 million dollars in six months.

The measure also requires day care facilities that are unable to obtain an insurance policy to inform parents that they have no liability coverage. If a facility's policy expires, it will be required to notify both the Department of Human Services and the parents or caregivers of children in its care.

State requirements for liability insurance vary, said Shelton. Some states mandate that child care facilities carry liability coverage, while others do not. A January 13 article in the Oklahoman noted that Texas requires its day care facilities to carry a minimum of $300,000 in liability coverage.

Shelton said the issue could have been easily fixed through the passage and promulgation of a rule by DHS, but the agency's refusal to address the issue required Legislative action.