Hi there – I’m Russell Button, a personal injury attorney who primarily focuses on cases involving child and daycare injuries. I want to dive into a crucial topic for parents – the most commonly violated minimum standards at Texas daycares. First and foremost, daycares must follow regulations set out by the state to ensure the safety and well-being of the little ones they’re taking care of.

As parents, you trust these daycares to abide by these rules and do everything they can to keep your child’s safety at the forefront of what they do. Unfortunately, we've seen many cases where these standards are not met, putting children at risk.

The Most Commonly Violated Minimum Standards

1. Inadequate Supervision

Every child should be properly supervised, and when caregivers fall short on this responsibility, it can lead to injuries. In a real-world example, this exact situation happened to one of our clients, a little girl who was playing in a wagon with one of her friends at the top of a hill with concrete steps.

Instead of intervening, the caregivers took out a cell phone and videotaped the children, sending our girl in the wagon down the concrete steps. Ultimately, the wagon flipped over, she slammed her head on the concrete steps, and suffered a skull fracture, brain bleed, and traumatic brain injury.

2. Child-to-Caregiver Ratios

Texas sets specific ratios for the number of children each caregiver can supervise. Violating these ratios can compromise a child's safety, as watching too many children at one time can pose danger to the little ones.

3. Background Checks

Daycare staff must undergo thorough background checks. Failing to do so can expose children to potential risks – especially if someone with a dangerous and violent criminal history is hired to take care of kids.

4. Violations of Health and Safety Measures

This includes failures to:

  • maintain a clean and safe environment,
  • ensure proper hygiene practices,
  • have emergency plans,
  • and keep allergic reaction plans in place.

Neglecting these standards can pose serious risks to children's health and safety.

5. Improper Record Keeping 

Accurate records are vital for tracking a child's well-being, including any injuries or illnesses.

Additionally, record keeping can also track caregiver safety measures, like background checks or rule violations. If you suspect any violations of these minimum standards at your child’s daycare, it's essential to take action.

What to Do If Your Child's Daycare is Violating Rules and Regulations

Document your observations, take photos if possible, report to the proper state authorities, and consider reaching out to us at The Button Law Firm. We understand that you may have other concerns and are looking for guidance on what to do next. That’s why we’ve created a free guide called "5 Steps to Take after a Daycare Injury," which we've linked here.

Your child's safety is our top priority. If you have questions about daycare safety standards or need guidance on potential legal action against a negligent daycare, don't hesitate to contact us. We're here to help you and your family keep moving forward.