Protecting Children with Autism from Abuse at Daycare and Childcare Centers in Texas

Why Are Children on the Autism Spectrum Vulnerable to Daycare and Childcare Abuse? 

Most recently, an incident of abuse toward a non-verbal child with ASD at a daycare center in North Texas underscores the critical need for greater supervision, training, and accountability within daycare and childcare facilities. In this case, the center covered up and lied about physically assaulting a young child diagnosed with non-verbal autism. Caregivers told the child’s parents that scratches on his face were caused by the boy’s self-harming behavior, even though he had never done that before.

Our experienced and compassionate daycare and childcare injury lawyers have seen firsthand how negligent daycare and childcare centers cut corners when it comes to the safety of children with autism, which can lead to incidents of abuse. This includes:

• A high turnover rate of caregivers at the center
• Caregivers not completing annual training requirements mandated by the state
• Centers exceed mandated child-to-caregiver ratios, so children with additional needs are not properly cared for
• Declining to add surveillance cameras throughout the center
• Facilities hiring unqualified caregivers who do not know or understand the unique needs of a child
• Failure of the daycare or childcare director to supervise caregivers throughout the day to ensure each child’s needs are met, and the caregivers comply with the minimum standards.
• Lack of ongoing training provided to caregivers at the center

To help ensure you find a facility that complies with Texas daycare laws and is the right fit for your child with autism, download our free guide: 10 Tips to Finding a Safe Daycare Center.

What Are Common Signs of Daycare and Childcare Abuse?

It is vital for Texas parents to be aware of the warning signs that may indicate abuse at a daycare or childcare center. And, for children with ASD who are non-verbal, their behavior, physical health, and emotional state can offer clues that something is wrong.

Here are some red flags that could indicate a child is experiencing abuse at a daycare or childcare center:

• Aversion to Specific Caregivers: While children with autism can be sensitive to routine changes, an unusual or extreme reaction to a caregiver might indicate abuse or mistreatment at the hands of that person.
• Eating or Sleeping Pattern Changes: Daycare abuse can also manifest in your child’s sleeping and eating habits. Stress, fear, or trauma can cause a child to have nightmares, refuse to eat, or experience sudden weight loss.
• Milestone or Skill Regressions: If your child begins regressing in areas where they were previously progressing, this could be a sign of emotional trauma caused by daycare abuse. A child may lose communication skills they had gained, revert to earlier behaviors like bed-wetting, or refuse to interact with family members or classmates.
• Self-Harm Behaviors: The intensifying of self-harm behaviors like head-banging, biting, or skin-picking can indicate emotional distress caused by abuse.
• Sudden Behavior Changes: Increased anxiety, aggression, self-injury, or withdrawal can also indicate your child is being abused at a daycare or childcare center. Most commonly, a child will suddenly throw a tantrum, get angry when it’s time to go to daycare or refuse to leave the house altogether.
• Unexplained Injuries: Bruises, cuts, or marks on your child’s body should raise red flags, especially if daycare workers do not alert you with an incident report or provide a clear explanation.

Watch this video for additional indicators that your child may be experiencing abuse at the hands of a caregiver at a local daycare or childcare center.

How Can Parents Hold Daycare and Childcare Centers Accountable for Failing Children with Autism?

If your child with autism was abused at a daycare or childcare center anywhere in Texas, parents and legal guardians have the right to file a lawsuit to hold the center and relevant caregivers accountable. Filing a lawsuit makes the facility responsible for harming your child and allows parents to seek compensation, also known as damages. However, legal action must be taken within two years of the daycare abuse incident.

Texas families may be compensated for the following damages in a daycare abuse case:

• Emotional distress and trauma
• Medical expenses, including a child’s ongoing or future medical treatments
• Pain and suffering
• Therapy resources to help a child heal and move forward

If the unspeakable happens and your child passes away because of a severe injury inflicted by abuse at a daycare or childcare center, our daycare and childcare injury lawyers at The Button Law Firm will fight to get justice for your family in a wrongful death of a child lawsuit.

Learn more about the process of filing a daycare abuse lawsuit here.

How Can The Button Law Firm Help Your Family with an ASD Daycare or Childcare Abuse Case?

If your child with autism was physically or emotionally harmed because of negligent practices at a daycare or childcare center anywhere in Texas, our team of experienced and compassionate daycare and childcare injury lawyers at The Button Law Firm can help. We’re dedicated to advocating for you and your family. We are ready to listen and fight for your family to get justice and 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. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.