Child was injured at daycare in Texas

In the past 10 years, almost 90 children have been killed in Texas daycares and 450 children have been sexually assaulted. 

If these numbers horrify you, know that these are only the daycare incidents that were reported per the Texas Daycare Minimum Standards.

The threshold for required reporting is higher than you think, as the story of one daycare out of McKinney, Texas proves.

When the Red Flags are Overlooked by the Daycare 

On January 24, 2020, Jessica Joyous Weise, 45, was sentences to 20 years behind bars for 8 cases of inflicting an injury to a child. Weise was sentenced to a maximum sentence of 10 years in jail after being found guilty of one of the charges in December of 2019. Later, Weise pled guilty to the other 7 charges earning her an additional 10 years in jail.

Weise was hired as a caregiver for children by Joyous Montessori McKinney after passing the state-required background checks. Weise, a former nurse, was later caught on daycare surveillance video intentionally shaking one child, slapping an infant in the back of the head multiple times, and slamming an infant’s body into a changing table. As a result of Weise's abuse, the two-month old baby suffered multiple broken bones, including rib and femur fractures. Weise was booked in Collin County Jail in 2018 and awaited trial on 8 counts of causing injury to children. 

Failing to Act When Reports are Made

After investigation, it was discovered that Weise had completed multiple injury and incident reports for the daycare center where she repeatedly explained away other incidents of injury to children. Despite the suspicious pattern and history, Joyous Montessori McKinney allowed Weise to continue to care for children at the daycare. One family reported the suspicious behavior to the Texas Department of Family and Protective Services, but the department was unable to find evidence of abuse.

Failing to Research a Caregiver's Background

Weise is to blame for the physical injuries the children suffered, but the daycare is responsible for not thoroughly checking who they hired and for retaining her as a caregiver despite obviously suspicious incidents. Had the daycare thoroughly searched Wiese’s background, they would have discovered that her nursing license had been revoked by the state in 2015. Reportedly, Weise's license was revoked after it was discovered that she was using prescription painkillers percocet and percodan. The nursing board found that she was a serious risk to public health and safety due to her use of controlled substances or chemical dependency. 

A Parent's Worst Nightmare Unravels

Parents who had to go through this ordeal expressed feeling "hopeless" and having recurring nightmares about what their child suffered while under the care of Joyous Montessori McKinney and Weise. Unfortunately, this nightmare is a reality for many parents who rely on daycare to go to work. The simple truth is, Texas Minimum Standards are just that - the minimum

How the Button Law Firm is Combatting Careless Daycares 

Having heard firsthand the heartbreaking stories of parents whose children have been injured while at daycare, our team has made combatting daycare negligence and abuse a focus of our practice. Making an informed decision on what daycare to send your child to is of the utmost importance to us. We have created a guide with 11 Tips for Parents Searching For A Safe Daycare. 

We suggest reading over our 11 Tips for Parents Searching for A Safe Daycare before choosing a daycare to ensure you aren’t getting a sales pitch, but rather a great facility that puts children over profit. You can also use this guide to help find and deal with red flags at your child’s current daycare facility. 

Topics we cover in this guide: 

  • Hiring process;

  • Insurance and licensing; 

  • Cameras;

  • Daycare security, and more.

This guide is completely FREE, we will even send a paper copy to your home at no cost! If you’d prefer a paper copy, we are happy to send one to you. 


What do I do if my child was injured at daycare? 

If your child was injured at daycare, report the incident to the daycare and the Texas Department of Family and Protective Services Abuse and Neglect Hotline by calling 1-800-252-5400 or reporting the incident through their online portal. Even if you feel the incident was not a result of intentional abuse or neglect, DFPS will take care of handling the investigation into any licensing violations or shortcomings through the Texas Health and Human Services Department for Child Care and Licensing

The Button Law Firm has dedicated a huge part of our practice to handling Daycare Negligence and Abuse cases. We help families as soon as they find out their child was injured while at daycare. If your child has been the victim of daycare negligence or abuse, please give us a call at 214-888-2216 or reach out to us online. Let's see to it that negligent daycares don't get away with injuring children and families in our community. 

If you feel you are not ready to speak to a lawyer, please check out some of other informative articles on daycare safety: 

  • What to Do if Your Child is Injured at a Daycare Center
  • Everything You Need to Know About Reporting Daycare Injuries 
  • What Daycare Parents Should Know About Medical Treatment 
  • Why is DFPS at my House? 


Russell Button
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Texas Trial Lawyer
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