Child Care Authorization Form for Pool

I know that many of you all have pools and pool rules. We're looking for a sample template for a Child Care Authorization form. It most likely has emergency contact info, Doctor's info, limited medical POA, etc. If anyone has such a form handy, please let me know.

Our new rules reference the Child Care Authorization Form for the babysitters that bring kids to the pool, but I guess we forgot to draft the Auth form. Any samples handy?

Here's the rule and reference.
D. If a babysitter must be used to supervise members’ children at the pool, parents must complete a Child Care Authorization Form. Only this form, signed by the parent, will be accepted by the management. Since the pool cannot be a party to anything which would distract sitters from their appointed duties, sitters may not swim except to accompany children into the pool in a teaching role. The babysitter must be at least 15 years old, familiar with the pool rules, a competent swimmer, a reliable person, and must have a valid pool pass. Members are responsible for the conduct of their children who attend the pool accompanied by a babysitter, as well as for the conduct of the selected babysitter. NO EXCEPTIONS to any of these rules will be made.

I've never heard of this. NOT a bad idea. However, it sounds like "overkill" to me. I would take Paul's advice and contact your insurance agent prior to this form approval. I see a hint of "liability" here waiting in the wings.

Sometimes ideas sound great in "theory" but practice is a totally different avenue. The form doesn't address if the "babysitter" is an older sibling. What then? Who accounts for the person being responsible and a good swimmer? Is there a test to prove it? Just a few questions someone may ask about this form.

Liability insurance limitations should always be addressed with the insurance company. You will be surprised at what the coverage actually does and does not cover. So it may be a good idea to review the policy anyways.

Mike:

I like the idea, I would however, rely on your attorney and insurance agent to draw up the form.

Brad and Paul - Good advice - thanks very much.

Like I said before, this is a great idea, but the execution may have flaws. Emergency care approval is up to the emergency providers. That is the responding emergency personnel. They can't deny emergency care to anyone unless the patient signs their own waiver of non-consent. There is a form the EMT's/Paramedics have on them that if the patient is able, they must sign if they refuse medical care on site. If a patient is unconcious or in a life-threatening situation, medical care has to provided regardless of permission.

This form just seems redundant of what is already in existance. What if the babysitter took the child to the mall and the child gets stuck in the escalator? Do you think the mall has a form the babysitter fills out when they reach the doors? Your HOA isn't much different. It's still a corporation.

Let's put it this way, your going to get sued no matter what the outcome of an accident. It may be a lawsuit between the insurance company or it may be against the HOA. Either way, you can't avoid a lawsuit or live in fear of one happening all the time. That's the reality. What you can do is know what coverages you have provided to you when the HOA gets sued. Make sure the HOA does have enough adequate coverage to cover whatever worst case scenerio that could come your way.

Trying to make "legal" preventative moves like siging paperwork is never a very good idea and waste of time and money. Instead, the HOA should concentrate in making the areas safer and well maintained. Is it better to spend $1K on this legal form or $1K on painting the deck of the pool with no slick paint? My answer is spending the money improving safety and NOT spending it on hypotheoritical lawsuit possibly prevention.

All due respect, but the advice your getting is from paid sources correct? Everyone benefits that you've gotten the advice from don't they? The lawyer gets paid for the advice and drafting the letter and the Insurance company has a form for their "protection" with the HOA doing the work.

I always question advice that comes from a paid source. Especially when the advice they give could benefit them in some way. That's just my opinion and experience though. Second opinions are always good to get from another source.

My gut feel on this whole deal is a runaway idea that's gotten steam but no substance behind it. Sorry. No offense. Just been down that rabbit hole.

Brad - Thanks for your sound prudent advice and comments. Melissa - Pleae don't respond to this, but yes, our attorney is on retainer and is paid. I'm sorry, your question is silly. Let's end this posting. Tks.

To clarify, I was responding to PaulM's post, not the original.

PaulJ:
Young children are being brought by the babysitter to the association pool (the parent is not accompanying the child); a Child Authorization Form is requested from the parent (of the child)
allowing permission for the sitter to take the child to the pool....
Question: ...What policy would you enact, as a Board member, to
offset/cover this situation?

I was referring to your addition:

"MikeS1:
Its good that you covered your bases and spoke with the attorney and insurance agent. However, I have a suggestion which you may take or leave. This is all to do with Liability issues that could occur. Think about including within the Child Authorization Form a paragraph such
as:
"IN THE EVENT OF AN EMERGENCY SITUATION WHICH MAY
INVOLVE MY CHILD AND/OR SITTER, I, (my signature) GIVE YOU THE
AUTHORITY TO ACT ON MY BEHALF TO PROVIDE THE MEDICAL TREATMENT
NECESSARY, ETC., ETC.... "

You don't want that part. You're talking on more responsibility, rather than just covering yourself.

Only that children under 12 must be accompanied by an adult at all times. We only have like 2 kids in the building. Its not really an issue.

There are a million ways that a small child can get hurt in a high rise building. You can't have a form for every possible case. Thats why you carry insurance.

I did read it...you wouldn't know anything about kids because you are a hermit living by yourself. Your making the statement why would any parent sign such a thing, if you had kids you would know it is not uncommon for parents to fill out those forms for different things. I never said it was appropriate for the association, just stated it was common to fill those out.