BLF Holds Nacogdoches Daycare Center Accountable for Toddler’s Highway Wandering Incident

In May 2023, a terrifying incident unfolded at a Nacogdoches daycare center that jeopardized the life of a 3-year-old girl. While daycare workers at the center were supposed to be watching the toddler, she left her classroom and left the facility completely unnoticed. She wandered through the parking lot, walked past an office building, and ended up in traffic on a busy highway.

Fortunately, a group of good Samaritans spotted the disoriented and frightened toddler holding a stuffed animal in the middle of the highway. They stopped traffic by honking to alert oncoming vehicles. By sheer coincidence, two caregivers from the Nacogdoches daycare center were passing by on their lunch break and recognized the child. Instead of calling 911 or immediately notifying her mother, they drove the toddler back to the center, where caregivers were unaware she was missing.

Rather than contacting law enforcement or alerting her mother, caregivers sent a vague message through the daycare’s app, requesting an urgent meeting. While rushing to the daycare center, the toddler’s mother received a call from daycare workers, who told her misleading information about the incident involving her child. They claimed the toddler had only wandered to the edge of the daycare center’s property, but witnesses later confirmed she was found in the middle of the highway.

Our experienced daycare injury lawyers at The Button Law Firm fought to hold the Nacogdoches daycare center accountable for endangering the toddler’s life. We made the center answer for its safety failures that led to the terrifying wandering incident and its reckless response, which broke Texas childcare laws, also known as the minimum standards. The mother and child received a settlement that provided them with closure and the resources to help them heal and move forward.

How Was a Toddler Able to Wander Away from the Nacogdoches Daycare Center?

In this case, the actions of the Nacogdoches daycare center, including how the center handled the aftermath of the wandering incident, were negligent and in direct violation of multiple minimum standards. The Texas Department of Family and Protective Services (DFPS) mandates that daycare centers provide constant supervision and a secure environment for children. The Nacogdoches daycare center endangered the toddler’s life by failing to comply with several childcare safety standards:

1. Lack of Supervision: Daycare centers are required to maintain close visual and auditory awareness of each child at the facility at all times and to know what each child is doing in the classroom. The toddler was able to leave the daycare’s premises completely undetected because caregivers were not keeping a close eye on her.
2. Failure to Secure the Daycare Center’s Premises: Centers are required to remain secure to prevent children from wandering off. The toddler's exit from the building without anyone noticing indicates a severe lapse in security protocols at the Nacogdoches daycare center.
3. Failure to Notify Authorities and Parents Promptly: Texas childcare laws require daycare centers to immediately inform parents and emergency services when a child is injured or placed in a dangerous situation, including missing from the center, like in this instance. Instead, the Nacogdoches daycare attempted to cover up the incident and mislead the mother about what happened to her daughter. The daycare center also opted not to call the local police despite the dangerous incident.

An official investigation conducted by the DFPS Child Care Investigations division confirmed that the Nacogdoches daycare center violated key childcare laws, including caregivers neglecting the toddler and failing to intervene to ensure her safety. As a result, the state fined the center.

How Did The Button Law Firm Hold the Nacogdoches Daycare Center Accountable?

The toddler and her family suffered significant damages due to the daycare’s negligence. As you can imagine, the toddler’s experience of being alone on a busy highway was traumatic. She developed anxiety and started throwing frequent temper tantrums that made it difficult for her to get along with other children. She also had difficulty sleeping and developed separation anxiety if her mother walked away.

Her mother was also traumatized from the incident at the Nacogdoches daycare center. She grappled with the horrifying realization that she could have lost her child that day.

Luckily, the toddler’s mother contacted our experienced daycare injury lawyers at The Button Law Firm. We conducted an in-depth investigation, gathered witness statements, reviewed state reports about the daycare center, and exposed the center’s attempt to cover up the wandering incident. We fought tirelessly to ensure the family received the justice they deserved, including a settlement that provided financial relief and compensation for resources that helped the toddler and her mother heal.

Was Your Child Seriously Injured at a Daycare Center? Contact The Button Law Firm.

If your child was physically or emotionally harmed because a daycare center did not comply with Texas childcare safety laws, contact our experienced daycare and child injury lawyers at The Button Law Firm. With lawyers in Houston, Dallas, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409, email us at [email protected], or fill out a contact form for a free case evaluation.