Step One: Filing a Complaint
When you suspect neglect, abuse, or safety violations at a daycare, you have the right to file a report with the appropriate state agency. In most cases, this is the state’s child care licensing department, child protective services, or another regulatory body overseeing daycare facilities.
In Texas, you can report a daycare to the Texas Department of Family and Protective Services.
If you don’t live in Texas and need help finding the specific procedures to report a daycare in your state, click here to learn more.
Reminder: If a crime has been committed, call local law enforcement and report the daycare.
Step Two: Initial Review of the Report
Once your complaint is submitted, the agency will review the details to determine the severity and urgency of the situation. They will assess factors such as:
- The nature of the complaint (e.g., unsafe conditions, injuries, lack of supervision, abuse)
- Whether children are in immediate danger
- Whether the daycare has prior violations or complaints
If the complaint involves an immediate threat to children’s safety, an investigator may be dispatched right away.
Step Three: On-Site Investigation
In most cases, daycare licensing agencies will conduct an unannounced visit to inspect the facility. During the investigation, they may:
- Interview staff members and daycare directors
- Observe how children are treated
- Review records such as incident reports, attendance logs, and staff training certifications
- Check for compliance with safety, sanitation, and supervision regulations
If the case involves allegations of abuse or serious neglect, CPS or law enforcement may conduct separate investigations.
Step Four: Findings and Consequences
After the investigation, the agency will determine whether the daycare violated any laws or regulations. Possible outcomes include:
- No Violations Found: If the investigation does not uncover any wrongdoing, the case is closed.
- Corrective Action Required: If minor violations are found, the daycare may be required to fix the issue within a specific timeframe.
- Fines and Citations: If the violations are more serious, the daycare may be fined or placed on probation.
- License Suspension or Revocation: If the daycare poses a serious risk to children, its license may be suspended or revoked.
- Legal Action: If abuse or criminal neglect is discovered, legal charges may be filed against responsible individuals.
Reminder: Regardless of the investigation’s outcome, you may still have the right to take legal action against the daycare if your child was harmed due to negligence or misconduct. An attorney can help you explore your options for seeking justice.
Step Five: Notification to Parents
Many states require daycare facilities to notify parents of certain violations or citations. In some cases, investigation reports are made publicly available on the licensing agency’s website.
As a parent, you can also request inspection reports or complaint histories from the state agency to learn more about a daycare’s safety record.
Step Six: Protecting Your Child After Reporting
If your child has been harmed at daycare, you need to take these additional steps:
- Seek Medical Attention: If your child is injured, get medical care immediately and document all injuries.
- Gather Evidence: Keep records of emails, photos, medical reports, and any communications with the daycare.
- Consult a Lawyer: If your child was seriously injured due to neglect or abuse, a daycare injury attorney can help you understand your legal options.
The Button Law Firm Can Help You after a Daycare Injury
Reporting a daycare can feel overwhelming, but it is an essential step in protecting your child and preventing harm to others. If you believe your child has been harmed due to negligence or abuse, taking legal action may be the next step in holding the daycare accountable and securing justice for your family.
If you have questions about a daycare injury case, our team at The Button Law Firm is here to help. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.