Why Is It a Problem If a Daycare Center Gives a Child Sleep Aids?

Many parents may be familiar with Benadryl and melatonin, which are used for allergies and sleep regulation. However, under the minimum standards, using them on children at daycare centers is considered a drugging incident. 

Administration of medications—be it a prescription or over-the-counter—is strictly regulated in Texas. The minimum standards require a parent to give the daycare center permission with a one-year expiration in one of the following ways:

1. Handwritten authorization that is signed and dated
2. An electronic format like DocuSign or a PDF file that is capable of being viewed and saved
3. Verbal consent via a telephone call, allowing a worker to administer a single dose of medication

In the event of an emergency and a child’s life is at risk, such as an allergic reaction, preauthorization is not required if the medicine is given as it is intended. 

To prevent these dangerous drugging incidents, daycare centers must go through the mandated screening process when hiring qualified caregivers, provide caregivers with the proper training to administer medications, ensure classrooms are in ratio, and maintain oversight of their caregivers to ensure that children under their watch are safe and not being medicated to make them sleep longer and easier to control. 

What Are the Health Risks of Giving a Child Benadryl or Melatonin Without Permission at a Daycare Center? 

When caregivers give children sleep aids without parental permission, without medical supervision, or for an unintended purpose, these substances can be harmful to their little bodies. For example, Benadryl’s label specifically states the medication is not intended to put a child to sleep and is not approved for children younger than 2 years old. 

In addition, children can experience:

• Brain fog or ongoing drowsiness and difficulty concentrating in the classroom
• Brain injury from a drug overdose
• Cardiac arrest or heart irregularities
• Death
• Drug dependency and disrupted sleep cycles, making it difficult for a child to fall asleep naturally
• Organ damage
• Severe reaction to ingredients in the medication, such as going into anaphylactic shock or experiencing a seizure

Learn more about the harmful effects of giving children sleep aids at daycare centers in this video

How Can You Tell If Your Child Is Being Drugged at a Daycare Center? 

If a caregiver at your child’s daycare center is secretly administering Benadryl or melatonin to your child, here are some warning signs to watch for:

• Excessive grogginess or sleepiness 
• Diarrhea 
• Difficulty concentrating 
• Frequent temper tantrums and outbursts 
• Nausea or an upset stomach 
• Signs of anxiety or depression
• Social anxiety, such as no longer wanting to play with friends
• Sudden changes in sleep patterns, including frequent nightmares and bedwetting 

Also, if your child refuses to go to daycare or gets upset in the morning, that could be a red flag that something is happening without your knowledge. Get more information on signs that your child may have been drugged at a daycare center in this article

Can I Sue a Daycare Center If My Child Was Given a Sleep Aid Without My Consent? 

If a daycare center breaches its duty to keep your child safe by giving your child sleep aids without your permission and for an unintended purpose, you have the legal right to hold the center and its caregivers accountable. As we discussed earlier in this article, daycare drugging incidents break the state’s childcare laws and put your child at risk of suffering serious health issues. 

Our daycare injury lawyers at The Button Law Firm are experienced in helping families get justice in these situations. For instance, we got justice for a family in Abilene after a toddler was given Benadryl at a daycare center on multiple occasions to make her easier to control. If you are not ready to contact us, learn more about filing a daycare lawsuit in this video series

Was Your Child Harmed at a Daycare Center in Texas? 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 injury lawyers at The Button Law Firm. With lawyers 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.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.