Our team often gets questions from parents regarding the specifics of filing a lawsuit after their child has suffered an injury at daycare. Our goal is to educate anyone dealing with a daycare injury and help them make informed decisions about their next steps. That’s why today, we’re answering one of the most frequently asked questions we hear from parents. The frequently asked question is whether the state notifies a daycare facility when an incident report is filed.
A Daycare's Requirement to File an Incident Report
When an incident, such as an injury or neglect, occurs at your child's daycare, the daycare is required by law to file an incident report with the state. These reports, known as "self-reports," are crucial for ensuring transparency and accountability in childcare facilities. However, some daycares may fail to file these reports, either to avoid accountability or to cover up those instances of abuse or neglect. This failure to report is a direct violation of state regulations and puts children at risk.
If you suspect that an incident involving your child has occurred and the daycare has not provided you with an incident report, it's important to take action. The first thing you should do when your child is injured at daycare is get immediate medical attention, even if it seems like your child is fine.
How the State Will Investigate the Incident
Once you have sought medical attention for your child, contact the state's daycare licensing department directly to report the incident. In Texas, incidents are reported to the Texas Department of Family and Protective Services, or DFPS. After you report it to DFPS, they will investigate the daycare to determine whether any violations of state standards have occurred.
While DFPS may not directly notify the daycare of your report, they will conduct an investigation, which may involve visiting the daycare, reviewing records, and interviewing children and caregivers. It's important to note that some daycares may retaliate against parents who file incident reports. This could result in the termination of childcare agreements.
That’s why before you file an incident report with the state, it may be in your best interest to completely remove your child from the daycare facility. Your child's safety is important, so it's crucial to take action if your child has been seriously injured. If you have more questions about daycare incident reports but aren’t ready to talk to us just yet, we’ve created a free, 5-step guide on what to do after a daycare injury. It’s linked here. We're here to keep you and your family moving forward.
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