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Audio Recording in Back Pack
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Hello all! I have a question!

My sister started her 2 yr old in a new daycare for the summer in the state of Kentucky, which is a one party consent state. Less than a week in, she began having concerns so she put an audio recorder in her child's backpack. The audio has the teachers screaming at the kids and she even heard one child being spanked,she said it sounded like. Her own child was crying hysterically the whole time. She had been told previously by the director as well as the teachers in the room that they had implemented something to help her child transition better, by creating a basket of things for the child to do as well as added an additional provider to the room to be with the child to help the child transition better to the new environment. The recorder also indicated this was not the case, with the providers telling my sister's child to shut up and them complaining about my sister's child openly in front of the children.

My question is this: my understanding is that in a one party consent state that the person consenting must be part of the recording. My sister is indeed part of the recording in the beginning and end but not the full day. Is it legally acceptable to claim that my sister consented on behalf of her own child, who is in the recording when my sister is not? Apparently, the recorder caught some pretty ugly stuff but now she is worried about it falling under the eavesdropping or wiretapping laws.

Thanks on advance!

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2 years ago