Tyler Family Gets Answers After Caregiver Broke Childcare Discipline Laws

A daycare center in Tyler, Texas, failed a toddler and his family when the daycare hired an unqualified caregiver and did not provide any training before placing the caregiver in a classroom with children. In March 2024, a classroom recording that lasted five hours revealed the angry and frustrated caregiver used illegal shame and intimidation tactics to discipline the toddler and his classmates.

The recording captured the caregiver using cuss words multiple times and threatening to “pop” and “whoop” the toddler and his classmates if they did not pay attention. The tape also recorded the caregiver shaming the toddler by saying, “This is why you don’t know anything.” In addition, the caregiver was caught degrading the toddler by saying, “You better start using that head of yours.”

The toddler’s parents contacted our experienced Texas daycare injury lawyers at The Button Law Firm to hold the daycare center accountable for failing their son and family. Our legal team fought to get justice for the trauma the daycare center and the caregiver inflicted on the child by using prohibited punishment tactics. The toddler and his parents were able to heal and move forward with the result secured by our team.

How Did the Tyler Daycare Center Break Texas Childcare Laws?

The daycare center in Tyler negligently operated its facility when it failed to provide a safe and nurturing environment for the toddler and his classmates. Licensed daycare centers are required to comply with a strict set of childcare laws, also known as the minimum standards, which mandate safety practices from hiring to operations.

In this case, the daycare center ignored several minimum standards, and the toddler suffered the consequences. First, the center hired an untrained and unqualified caregiver. The minimum standards outline clear hiring practices, including vetting and training processes, to ensure the caregivers act appropriately with kids.

In addition to properly vetting caregivers, daycare directors are required to supervise its caregivers throughout the day. This is to ensure the children are safe and the caregivers comply with minimum standards, including using appropriate discipline methods. Per the standards, caregivers are required to use positive methods and redirect the child in a way that encourages their self-esteem, self-control, and self-direction. In this case, the caregiver was able to use inappropriate discipline tactics such as yelling, shaming, threatening, and intimidating the toddler for five hours without any intervention from other caregivers or the daycare’s management team.

An investigation into the incident conducted by the Texas Health and Human Services Commission Child-Care Licensing Division and the Texas Department of Family and Protective Services concluded that the Tyler daycare center failed the toddler. The state agencies cited the center with five violations:

• Allowing a caregiver without an eligible background check to be responsible for supervising children;
• Not using positive methods of discipline and guidance that encourage self-esteem, self-control, and self-direction;
• The caregiver did not show good judgment and self-control when she was heard cussing and making other inappropriate statements to children in her care;
• Using prohibited punishment methods such as humiliating, ridiculing, rejecting, or yelling at a child; and
• Using prohibited corporal punishment tactics to discipline children.  

The incident at the daycare center in Tyler was completely preventable. The toddler would not have suffered if the center followed the minimum standards from the start with its hiring and operating practices.

How Did The Button Law Firm Get Justice for The Toddler and His Parents?

The toddler experienced severe emotional and psychological trauma from the incident at the daycare center. The boy went from being a happy and outgoing child to throwing tantrums and fearing those around him. His pediatrician diagnosed him with onset aggression and milestone regressions, especially when it came to his sleep patterns and potty training.

His ongoing behavioral issues following the daycare incident prompted his parents to put him in therapy. For example, he refused to go to his new daycare center and started head-butting, hitting, kicking, and throwing things at his parents in frustration. He also became extremely clingy to his parents, refusing to leave their side or sleep alone. His therapist diagnosed him with separation anxiety disorder and an adjustment disorder with anxiety.

Our experienced daycare injury lawyers fought to get answers from the Tyler daycare center for breaking multiple minimum standards that harmed the toddler. The Buttona Law Firm got justice by securing a life-changing result for the family, for the life disruptions and long-term resources to help the toddler heal and move forward.

How The Button Law Firm Has Helped Families with Inappropriate Discipline Daycare Cases

Our daycare injury lawyers have helped families across Texas after children have been hurt and traumatized by daycare centers that used unapproved and inappropriate discipline tactics. A sampling of success stories:

• BLF Gets Justice for Texas Family in a Daycare Inappropriate Discipline Case
• Family Gets Justice After Security Footage Caught Texas Daycare Worker Harming Son
• Fort Worth Daycare Held Accountable for 3-Year-Old’s Elbow Dislocation

If Your Child Was Inappropriately Disciplined at a Daycare Center, Contact The Button Law Firm.

Was your child hit, threatened, shamed, or disciplined with an unapproved tactic at a daycare center? Contact our experienced daycare injury lawyers at The Button Law Firm. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers 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 us at [email protected], or fill out a contact form for a free case evaluation.