Child Alone at Daycare PlaygroundIn May 2022, a mother picking up her 2-year-old daughter from a local daycare center discovered the teachers at the center did not know her whereabouts. Caregivers had not accounted for the toddler for over two hours. The little girl’s mom frantically searched the facility until she found her daughter trying to avoid the hot sun under a play structure on a 90-degree day. The toddler was wearing a jacket and sweating, and her cheeks were red. 

Our North Texas daycare injury lawyers immediately got involved as soon as the little girl’s mother contacted us. We held the Plano daycare center accountable for neglecting the little girl and breaking multiple childcare laws. Our firm secured a settlement that compensated the toddler and her family for the mental anguish they suffered along with the financial burdens and disruption to their lives because of the daycare center’s negligence. 

Ignoring State Child Care Laws: How the Plano Daycare Center Failed a 2-Year-Old Girl

The neglect incident in this case was easily preventable. The 2-year-old was unnecessarily put at risk of a serious life-threatening condition like heatstroke due to the prolonged exposure to high temperatures. The Plano daycare center dropped the ball on several safety checks mandated by the state of Texas to prevent dangerous incidents like this from happening.

First, the Plano daycare center was responsible for training and supervising all employees on the proper methods they should use to adequately supervise young children and ensure no child at the center is neglected. Clearly in this case, the caregivers did not properly supervise the toddler under their watch.

Secondly, the caregiver at the Plano daycare who was directly responsible for the toddler failed to conduct a name-to-face headcount of the little girl’s class before the children reentered the facility after spending time on the playground.

Then, when the primary caregiver ended the shift, the worker did not properly document the transfer of the class to a new worker. This led to a miscount of the children in the classroom and resulted in no one noticing the little girl was missing for a significant amount of time. This action also violated laws requiring all daycare employees to know which children they are responsible for at all times and ensure continuity for the children.

The Texas Department of Family and Protective Services conducted an investigation and cited the Plano daycare center for several safety deficiencies that caused the little girl to be neglected on the playground. To make matters worse, the state agency required that parents with children enrolled at the center be notified of the investigation’s findings, but the Plano daycare center chose, yet again, to ignore the state’s childcare laws.

How The Button Law Firm Helped This Plano Family Get Justice

As you can imagine, a 2-year-old being left alone outside for longer than two hours was a very traumatic experience. The little girl was hysterically crying and developed behavioral changes that indicated her significant trauma. She started experiencing night terrors and was unable to control her emotions, resorting to screaming, scratching, and throwing objects to express herself.

The incident made the little girl so fearful of returning to a daycare center that her single working mom was forced to send her daughter to her grandparents in another state so that they could take care of her. The little girl’s mother was forced to drive several hours for several months to visit the girl, spending additional funds on gas and other commuting expenses.

As a result of the little girl’s move across state lines, her relationship with her father was forced to change from in-person visits to phone calls and FaceTime chats.

Our daycare injury lawyers helped the family get justice by securing a settlement against the Plano daycare center. The funds compensated the little girl and her family for the trauma and financial burden they experienced—from the disruptions in their lives to obtaining the necessary resources that would help the toddler emotionally and mentally heal from her experience.

Let The Button Law Firm Fight for Your Family After a Neglect Incident at a Daycare Center

Our team of experienced and compassionate daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child was neglected while in the care of a Texas daycare center like the 2-year-old girl in this case. 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 us at [email protected], or fill out a contact form for a free consultation.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.