What You Need to Know About Texas Daycare Injury Claims
The Kishinevsky Law Firm is a personal injury law firm in the greater Houston area. If you or a loved one has suffered a daycare injury, contact us today for a free consultation with a Houston daycare injury attorney.
Under Chapter 42 of the Texas Human Resources Code, the Texas Department of Family and Protective Services (TDFPS) regulates child-care and child-placing activities in Texas, investigates alleged abuse or neglect in child care facilities, and creates and enforces minimum standards.
The TDFPS Child Care Licensing homepage, which provides lots of helpful information and links, is available here.
The TDFPS website offers the ability to search for a daycare based on a variety of factors. This is a good tool for finding licensed daycares in your area. Just as importantly, this is also a good tool for researching a daycare before deciding to send your child there, as the search allows you to view information about prior investigations, inspections, and citations of any daycare facility.
If your child suffered an injury at a daycare, depending on the specific facts the situation may need to be reported to TDFPS as an incident of possible child abuse by the daycare for TDFPS to investigate. You can find information from TDFPS about making a report here.
If your child was injured in a daycare facility as a result of the daycare’s fault, you can also bring a civil claim against the daycare to recover for the resulting damages and injuries.
If your child has suffered a daycare injury, it is important to understand what exactly happened and why. In a perfect world, any daycare where a child is injured would be just as concerned about the injury as the child’s family and would go above and beyond to figure out what happened, provide that information to the parents, and work on doing everything reasonable to prevent a similar incident from happening again. Unfortunately, this is not always the case in reality, as daycares sometimes refuse to provide parents with information about how their child got injured or even lie to the parents to cover up their own responsibility. In these situations, it may be necessary to file a lawsuit to obtain evidence from the daycare and to hold it accountable.
In investigating the injury, it is important to consider whether the daycare violated the Minimum Standards for Child Care Centers. The Minimum Standards are a set of guidelines published and enforced by the TDFPS that daycares must follow covering a range of topics including recordkeeping, classroom rations, basic care requirements, naptime, safety precautions, and others. Whether the daycare violated any of the Minimum Standards and whether it has a history of similar violations in the past are important factors to determine the daycare’s fault and degree of culpability in causing the injury.
If your child was injured in a daycare, contact us today for a free consultation with a Houston daycare injury attorney to see how we may be able to help you.