Thanks to BLF, Child Moves Forward After a Wichita Falls Daycare Left Him in a Van

What Daycare Transportation Laws Did the Wichita Falls Center Fail to Follow?

Plain and simple: The Wichita Falls daycare center endangered the child’s life when they left him alone in the parked van. As any parent or experienced caregiver knows, little ones tend to fall asleep in the car. In fact, Texas daycare laws, also known as minimum standards, have regulations that are specifically meant to prevent these dangerous incidents from happening.

Daycare and childcare centers that offer transportation services for little ones, like the Wichita Falls center in this case, are required by law to comply with the following safety systems to prevent vehicle-related daycare neglect incidents:

1. Load and unload children at the curbside of the vehicle or in a protected parking area or driveway
2. Do not allow a child to cross a street unless the child is accompanied by an adult any time before entering or after leaving a vehicle
3. Account for all children exiting the vehicle before leaving it unattended
4. Never leave a child unattended in a vehicle

The Wichita Falls daycare center failed the 5-year-old boy and his parents by neglecting to obey childcare laws. An independent investigation by the Texas Health and Human Services Commission and the Department of Family and Protective Services found the Wichita Falls center violated the following standards:

• Ensuring the safety of children under their watch
• Ensuring no child is neglected
• Have a tracking system for each child coming and going from the daycare center, such as face-to-name checks, throughout the day
• Accounting for all children exiting a vehicle before leaving it unattended
• Never leaving a child unattended in a vehicle
• Properly supervising children at all times
• Ensuring caregivers know which children they are responsible for

In addition, the state agencies also cited the center for:

• Not having an electronic child safety alarm installed in the daycare van
• Not obtaining a parent signature on the incident report

Sadly, the daycare van neglect incident involving the child in this case was not an isolated one at the Wichita Falls daycare center. The center had a similar incident of leaving a sleeping child locked in the daycare van the year prior. And it was found that the center had a history of failing to qualify, train, and supervise its caregivers and workers on the minimum standards.  

How Did The Button Law Firm Secure Justice in the Wichita Falls Daycare Neglect Case? 

Because of the Wichita Falls daycare center’s negligence, the 5-year-old child was traumatized and diagnosed with anxiety that manifested itself in tantrums and separation anxiety—he would panic if he was not with a parent or his brother. He was referred to a psychiatrist to help him process his experience and his subsequent behavior changes used to cope.

The child also began experiencing recurring nightmares about the flickering lights that he saw while he was alone in the daycare center’s parking garage. Thus, he was no longer able to sleep in his own bed.

In addition, the boy’s parents had to change their routines when loading and exiting the family car. The child was terrified of being left alone in the car, so his siblings must be loaded first before entering the vehicle. Then, the child’s parents must walk in front of the car to get inside so that the boy can always see them.

Thanks to our experienced daycare and child injury lawyers at The Button Law Firm, the boy and his family were able to get justice. The Wichita Falls daycare center compensated the family for all the damages they were owed, including costly medical bills, ongoing therapy services, and pain and suffering. With the settlement, the family was able to move forward.

The Button Law Firm Can Help Your Family with a Daycare Neglect Case

If your child was emotionally or physically harmed because caregivers did not comply with Texas daycare safety or transportation laws, contact our experienced daycare and child injury lawyers at The Button Law Firm. With attorneys in Dallas, Houston, 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.