Four Things Texas Parents Should Know about Their Rights Regarding Their Child’s Daycare

What Are the Daycare Laws in Texas?

The Texas Department of Family and Protective Services, Licensing Division, has come up with certain minimum guidelines and regulations that must be followed by licensed child-care centers in Texas. The Texas Minimum Standards for childcare centers give parents the right to seek certain requirements from licensed childcare facilities. Every parent wants to ensure their child is safe, healthy, and in the care of a responsible adult. In order to ensure your child’s safety, you should know what you are entitled to by law.

What Are Your Rights as Parents?

These are the four things that you are entitled to according to the Texas Minimum Standards for Child-Care Centers guidelines:

1. Visit & Inspect: You are entitled to visit the childcare center any time during the hours of operation to observe your child, observe program activities, inspect the building and grounds, and inspect the equipment available to your child. You should use this right to observe your child and the facility as often as you can.
    
2. Notice & Communication: You are entitled to immediate notice when your child is injured at daycare or has been involved in any situation that puts the child at risk. For example, if your child has suffered a serious injury, like a broken bone, a head injury, or a serious burn, you are entitled to immediate notice from the facility. Daycares are not allowed to wait until you pick up your child to notify you of serious injuries that require medical attention.
    
3. Posting: Child-care centers must post in a prominent and publicly accessible place where parents are able to see them. These postings include but are not limited to:   

• The daycare center’s license
• A letter or form from the most recent licensing inspection or investigation
• The emergency evacuation plan and route
• The activity plan for each group of children
• The daily menu including all snacks and meals
• A list of current employees

These posts should be up to date for your viewing. Be sure to review these as often as possible to help you monitor who cares for your child, how often new employees are brought in, what types of activities are being conducted, and what food is being served.

4. Operational Policies: You are entitled to a copy of the daycare center’s operational policies. Each licensed daycare facility in Texas must develop and maintain written operational policies and procedures that at a minimum address:

• Hours of operation
• Procedures for the release of children
• Illness and exclusion criteria
• Medication procedures
• Procedures for handling medical emergencies
• Procedures for parental notifications
• A discipline and guidance policy
• Policy on suspension and expulsion of children, and more

You can find a complete list of the required operational policies in section 746.501 of the Texas Minimum Standards for Child-Care Centers. Each child-care facility must provide a copy of its operational policies when the child is first enrolled in the center. Be sure to review the policies in detail and confirm that they contain everything they should under the Texas daycare laws.

Remember that you have rights as a parent who is enrolling their child at a Texas daycare facility. Check out our article on more rights parents have when it comes to their child being injured while at daycare by clicking here. 

How to Select the Right Texas Daycare Facility

Remember, when selecting a daycare facility, there are things that you are entitled to see, do, and receive at a minimum. Knowing what you are entitled to is just step one in the process of selecting the right daycare facility for your child. If you ever feel like your daycare facility is not complying with the law, make sure to contact the Texas Department of Family and Protective Services (DFPS). They regulate child-care facilities and are responsible for investigating your claims.

Make sure to read our article, "Why Is The Texas Department of Family and Protective Services At My House" to understand what happens after you report an incident that occured at your child's daycare.

How Can The Button Law Firm Help You?

Our team of experienced and compassionate daycare injury lawyers at The Button Law Firm is dedicated to advocating for you and your family if your child was seriously injured while in the care of a daycare facility anywhere across the Lone Star State. Our legal team is recognized on the prestigious Texas Super Lawyers list, and we can guide and help you move forward 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 the contact form below for a free consultation.

We have also created a FREE guide for parents dealing with a daycare injury that explains step-by-step what to do. Click here to download it or reach out to us to have a free paper copy sent to your home.