What Should I Do if an Injury at My Child’s Daycare Injury Wasn’t Reported to the State?

Gather Information About the Incident

Collect as much information as possible about the incident. Note the date and time when the injury likely occurred. If you noticed the injury upon picking up your child, try to establish a timeline based on your child’s behavior and statements. Identify where the injury took place within the daycare facility. If other parents, children, or staff members witnessed the incident, try to get their accounts and contact information. Witness statements can provide valuable evidence about the circumstances surrounding the injury.

Request an Explanation from the Daycare

Contact the daycare’s management immediately to request an explanation. Ask them to provide a detailed account of what happened and why the injury was not reported. Be sure to request an official incident report from the daycare. If they refuse to provide one, you should write your own detailed account of the incident. Include key information such as the date, time, nature of the injury, and any other relevant details. It's essential to keep a written record of all communications, including emails, messages, and notes from phone calls. This documentation can serve as evidence if you need to take further legal action.

Review the Legal Requirements for Reporting Incidents

Daycare centers are legally required by state law to report any incidents. Request a copy of their reporting policies to understand their specific obligations. If they failed to adhere to these legal requirements, it could be a critical point in your case. Knowing these regulations can help you determine if the daycare was negligent in handling the situation. If the daycare is required to report and they don’t - then they are negligent and should be investigated.

File a Complaint with Authorities

If the daycare’s response is unsatisfactory, or if they refuse to acknowledge the incident, consider filing a formal complaint with relevant authorities. In Texas, the Department of Family and Protective Services (DFPS) oversees daycare regulations and can investigate violations. You can file a complaint online or call the Child Care Licensing Division. Filing a complaint can prompt an investigation into the daycare’s practices and potentially uncover other instances of negligence. If you suspect that criminal activities were involved, such as abuse or intentional harm, report the incident to the police immediately. Law enforcement can conduct a criminal investigation and take appropriate legal action.

Consult with a Daycare Injury Lawyer

Navigating the legal landscape after an unreported injury at daycare can be complex. Consulting with an experienced daycare injury lawyer can help you understand your rights and the best course of action. A daycare injury lawyer can assist in evaluating your case, negotiating with the daycare for recovery and policy changes, and representing you in court if necessary. At The Button Law Firm, we are experienced in daycare injury cases and are dedicated to helping families seek justice. Even if you choose not to pursue legal action, we’re here to guide you through the steps you need to take and provide support, even if your situation isn't a case we can take on. If you're not ready to speak to a lawyer yet, download our free 5-Step Guide, which offers essential information and practical advice to help you through this process.

Consider the Long-Term Implications

An unreported injury at daycare can have long-term implications for your child’s safety and well-being. It may indicate deeper issues with the daycare’s management and their lack of commitment to child safety. Consider whether this daycare is the right environment for your child moving forward. It might be necessary to find a new daycare that prioritizes safety and transparent communication with parents.

To learn more about finding a safe daycare, click here to download our free guide.

Follow Up and Stay Engaged

Stay engaged with any investigations or legal proceedings. Ensure that the daycare implements necessary changes to prevent future incidents. Your vigilance can help create a safer environment for all children. Regular follow-ups can also ensure that the daycare remains compliant with safety standards and reporting protocols.

At The Button Law Firm, we are dedicated to helping families navigate the aftermath of daycare and childcare injuries. If you find yourself in this situation, please reach out to us for a free and confidential case evaluation. We are here to support you and ensure your child’s rights are protected. By taking these steps, you can address the immediate concerns and work towards preventing future injuries at daycare facilities.

Contacting The Button Law Firm After a Daycare Injury

Contact our team at The Button Law Firm today if you have concerns or need assistance with daycare and childcare injuries. Our team is here to fight for justice and make a difference in the lives of families facing these challenging situations. To reach a team member, call (214) 699-4409 or fill out the contact form for a free case evaluation. You can also contact us by clicking here to start a chat.