When a family decides to use a daycare facility, they expect those that work there can provide high-quality care and security for their child. Most parents do not have extensive knowledge of the employees that work in these centers, though. The worry about who is watching a child may be alleviated by knowing that the daycare center has taken every step possible to ensure each employee isn’t a security risk.
That may be done through the use of a background check. While limitations apply, a background check may provide at least some level of confidence in the security of the location. If you feel a background check did not happen, it’s important to know what your rights are after a daycare injury occurs.
Who Needs a Background Check Completed?
The state of Texas has specific rules on who must receive a background check prior to working in a daycare center. They must submit a background check for:
- Sole proprietor, or the owner of the daycare center
- Each partner in a partnership that owns the daycare center
- Board members or officers of a governing body who is involved in the management of the operation
- All directors and administrators of the organization
- Substitutes, unless they confirm that the organization providing the substitute has completed a background check within the last five years
- Each employee or volunteer over the age of 14 who has unsupervised access to the children in care is counted in the caregiver ratio’s minimum standards or provides direct care or supervision to the children.
- Any person over the age of 14 that lives at the operation
What Does a Background Check Include?
The background checks required under law are comprehensive. That is, there is a fingerprint-based criminal history check completed on these individuals. This fingerprint check is run against numerous databases, including local ones specific to Texas and national ones like the FBI.
Additionally, a name-based Texas criminal history check, a central registry check, and finally, an out-state criminal history check are completed. In addition to this, the background check will also include an out-of-state child abuse and neglect registry check and an out-of-state sex offender registry check.
Federal law (and state laws) require comprehensive background check screening for staff members. This must be done before the person begins working at the location. More so, the staff member must have a background check completed every five years to remain employed in the field.
Why a Childcare Facility May Be Negligent for Failing to Provide a Background Check
Ultimately, the state’s requirement for background checks is critical to ensuring the safety of that location. Without one, the daycare center may face penalties and fines. However, in some cases, that failure can lead to negligence claims if an un-checked individual causes harm or places a child at risk of danger.
Should that worker engage in any type of abuse with a child at the daycare center, it is possible that the daycare center itself may hold some negligence because it failed to provide a safe environment. Do not overlook the importance of filing a claim in this case, as it could happen to any child.
If you suspect that a person working at or otherwise present at the daycare center on a consistent basis lacks the proper background check, be sure to alert your state of this. However, in situations where that person has a criminal, abusive, or sexual abuse history, and you believe your child has been a victim, it is critical to work with your daycare injury attorney for immediate help.
How to Get Help for Your Childcare Negligence Claim
The Button Law Firm is here for you. If your child is the victim of a tragedy of any type at a daycare center, it is critical to seek out legal representation to protect their rights to compensation. Do not assume calling the police is enough. Let us help you. Contact our legal team at 214-699-4409 to set up a free consultation with no risk to you. Let’s discuss what happened and provide you with more insight into your legal options.