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If you feel comfortable continuing to use her IF she removes the pool, I think you should go ahead and do that. You can be pretty sure she's going to be HYPER VIGILANT about the safety of all the children in the future after this accident!

If she doesn't remove the pool, I would find a new daycare. I don't know much about home providers, but daycare centers generally are pretty regulated and have random inspections for safety, which makes me feel a lot more comfortable!

ETA: I've changed my mind after reading some of the other responses. Even if she gets rid of the pool, I think this incident will mess up her ability to watch children. Either she'll be dealing with legal issues or she'll just be too paranoid to let them do anything at all. I'd find another daycare.

I think it would be too depressing. Plus even without the pool how did the LO go missing? Sounds like not enough supervision for that age.

Being a mom of kids who go to an in home this is something that I would battle with completely. First off I'm in no way blaming your daycare provider, I know accidents happen, however I think after every weekend/use it should have been habit to remove that ladder with young kids. Kids are curious, there's no way to combat that but we have to do everything we can to make sure that curiosity doesn't end in tragedy.

For me, the pool gone would be the minimum that would need to be done but this would have to be 100% (I would be shocked if she would leave it even without continuing daycare, it would be an awful reminder to her and her family.) Second I would need reassurance from the state that the license is not being affected and she will still be continuing forward with regular state checks. But I'm still torn because this is a preventable accident.

That is so heartbreaking
I don't think she will ever be the same (especially emotionally) again, therefore I would definitely start looking for new a new daycare.

Find a new center. Even if you get over the drowning the lady will be going through immense grief and legal battles. I can't imagine staying focused through that kind of grief. Pass along a note of kindness but find a new daycare.

@Maysprout: Good point. I doubt she would be in any state to watch children for quite sometime. I also wouldn't be surprised if she became embroiled in legal action by the parents.

Is she watching all 6 kids at once? That is a lot.

I'm on the opposite side, it is a tragic accident. We love our inhome too much to leave and she also has an above ground pool. Unless I felt that it was caused by lack of supervision I'd continue to use her.

@Smurfette: This.

How horrible I would look for a new daycare because I'd be worried about her mental state. It sounds like a horrible accident ... I find it close to impossible to be able to continue business as normal after it. For that reason, I'd find somewhere new and fresh and maybe keep in touch with her if you're close.

Gah what a tragedy. It's awful but I feel like these sorts of oversights/accidents do happen even when someone is responsible. That being said, I personally feel that 6 is way too many kids for her to keep track of. I would have felt that way before the pool incident but certainly after (I pretty much want eyeballs on my child every minute of the day unless she is in a crib). If you feel that she is a responsible caregiver and still want to use her, and she got rid of the pool, and she lowered her attendance to 3 or 4 children max... I would probably continue to go to her. But I feel like there is just no way to keep an eye on 6 children at the same time and kids are going to find a way to hurt themselves (seriously or not) if they aren't being watched.

This is so sad. I would definitely start looking for a new daycare. I'm trying to imagine the amount of time it would take for an 18 month old to get leave the group, find the ladder, and climb all the way up it. That is not something that happens because you just turn around for a second. This woman is going to be charged with something and I can't imagine someone dealing with legal battles that plus her own grief and guilt watching my child.

@josina: Is she licensed by the state? I would guess this could significantly impact her license and her insurance. I would assume that she will be forced "out of business" either by the state or the cost of her insurance.

I've never used an in home provider so there is some bias in my next comment. I would probably give the center you have in mind a call, explain the situation you are in and see what their openings look like. Get the facts on the center before you assume you can't get a spot. It will give you more information to make your decision.

Given the facts you shared in our monthly thread about the other in home provider, I probably wouldn't be comfortable there either.

@Truth Bombs: My MIL has been a licensed provider for over 30 years and she has a hot tub in her backyard. Not sure if that is different than a pool, though.

This is basically my worst nightmare. So, so sad for everyone all around.

There is absolutely no way I could send my child back. She's probably a lovely lady, but that is a HUGE oversight and a definite lack of supervision. It's more than an accident. 6 children is A LOT for one person to watch, especially with toddlers under the age of 2 thrown into the mix.

I would be looking for a licensed centre ASAP. So sorry you are going through this

Oh my God. That is horrible. She will probably lose her license to be a daycare provider so I would start looking now.

@josina: Regarding the report on the center. I'm not sure what information your state department releases, but I'd try to understand the issues. I know the center we use has been documented several times for not having current feeding schedules for infants. Our state requires feeding schedules to be updated (confirmed by signature of the parent) every 30 days. They have struggled to get parents to sign them every 30 days. But I have the ongoing conversation with the teacher about what we are doing at home and what I'm comfortable with them trying. So to ME, that documented failure just isn't a big deal. There are other items that would be a big deal to me.

My girl was fed the wrong bottle several months ago. How they handled it was very important to me and the new procedures they introduced as a result.

Also, keep in mind that centers are inspected frequently - often unannounced. They are bound to have some minor failures. Home providers without a license can't be compared because they are never inspected.

This is horrific - The poor family This is something I would not be able to get past, so I would not think twice about getting a new daycare provider.

Pool or no pool we would not return. This is so sad and the reason why I refuse to send my child to home daycare that has a pool onsite. I know things can happen quickly, but with adequate supervision, this never would have happened.