In April 2023, a caregiver at a Plano daycare center inappropriately disciplined a 3-year-old girl when she spanked her on the bottom. The caregiver hit the toddler with enough force to leave red welts on the little girl’s body. Fortunately, at pick-up time, the toddler was able to tell her father that a worker had hit her, and the worker admitted she used the unlawful action as a form of discipline.
The daycare center then completed an incident report but provided incorrect information in an attempt to cover up the spanking. The report falsely stated the welts on the little girl’s body were from a caregiver being too rough when helping the toddler put on her swimsuit.
The Plano family contacted our daycare injury lawyers at The Button Law Firm to hold the facility accountable for using a prohibited punishment method on their daughter and attempting to cover up the incident. We helped the family get the justice they needed to move forward.
Texas Daycare Laws: Shining a Light on Discipline Tactics and Incident Reports
Every aspect of childcare in Texas is dictated by laws, also known as minimum standards. These regulations outline approved discipline tactics as well as explain when daycare centers are required to create an incident report. The Plano daycare center’s responsibility was to ensure its caregivers were qualified and trained in complying with these regulations while taking care of little ones.
When it comes to disciplining children, daycare workers are required to use positive guidance that redirects little ones—especially like the toddler in this case—to help them better understand the rules and develop self-control. Examples of approved discipline tactics include:
- Age-appropriate methods that a child can understand
- Reminders of behavior expectations by using clear and positive statements
- When needed, supervised time-outs from classmates for no longer than one minute per year of the child’s age
- Praise and encouragement of good behavior
As you may suspect from the approved list, using physical contact like spanking, hitting, or slapping are not acceptable forms of discipline tactics for daycare centers in Texas. In this case, the daycare worker who spanked the little girl clearly violated state laws.
Lastly, any time a child is injured or endangered while in the care of a daycare workers, the responsible facility is required to complete an incident report with accurate information. The report is supposed to contain the following information:
- The date and time of the incident
- A description of the injury or injuries that the child sustained
- How the incident or injury occurred
- Which caregiver(s) were supervising the child at the time of the injury or incident
- Any other staff that were witnesses to the incident and child’s injury
- Noting if first aid was provided by caregivers or if emergency medical services were notified
All daycare centers in Texas, including the Plano center in this case, are required to give copies of the incident report to both the child’s parents and the state within 48 hours of the incident occurring.
In this case, the Plano daycare center chose to include false information in the incident report, which violated a second childcare law.
How The Button Law Firm Helped This Plano Toddler and Her Family Move Forward
Following her traumatic experience of being hit by a caregiver at the Plano daycare center, the 3-year-old girl developed severe anxiety around restrooms in public places. The toddler refused to use public bathrooms and developed serious gastrointestinal issues that landed her in a local emergency room. Her mental anguish and behavioral struggles became a stress on her entire family.
Our North Texas daycare injury lawyers helped the girl and her family move forward with a settlement agreement. The Plano daycare center was held accountable for its wrongdoings and required to compensate the family for any monetary and economic damages, including medical bills and the resources needed to help the little girl manage her anxiety and resolve her trust issues.
The Button Law Firm Can Help Your Family with a Daycare Injury Case
If your child was harmed or injured by caregivers using inappropriate or prohibited discipline tactics at a daycare center, contact our knowledgeable daycare injury attorneys at The Button Law Firm. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you 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 [email protected], or fill out a contact form for a free consultation.
.png)
.png)
