How Do Infants Get Injured at Texas Daycare Centers?

It’s a question we hear often: “My baby can’t even crawl yet—how did they get hurt at a daycare center?”

The reality is that when a nonmobile infant suffers a significant injury, it is almost always the result of a caregiver’s failure to operate the classroom in compliance with Texas childcare laws, also known as the minimum standards.

The following are common causes we see for infant injuries at Texas daycare centers:

What Physical Signs Can Indicate the Unsafe Handling of My Child?

Unsafe handling of infants is a type of daycare abuse. It often happens when a caregiver is frustrated, untrained, or overwhelmed. These harmful actions can be subtle, but the physical evidence left on a child’s body often tells the story, even though your child cannot verbally explain what happened.

Bruising is the biggest red flag that your child was not handled safely at a daycare center, as required by the minimum standards. If your nonmobile infant has bruises, especially in the following parts of their body, you should demand answers from your child’s daycare director and caregivers immediately:

  • Trunk of Their Body or Back: Bruises here can indicate that your child was grabbed or squeezed too hard.
  • Upper Arms: Finger-shaped bruises and red skin imprints often suggest a caregiver grabbed your child forcefully to move them.
  • Face or Cheeks: Bruising or redness around the jawline can be a sign of force-feeding, when, against the will of your child, a caregiver tightly holds your child’s head to make them accept a bottle or spoon.

What Are the Signs of Neglect in Infants?

Daycare neglect is just as dangerous as physical abuse. In a busy daycare center, a quiet baby might be left in a crib for hours, with no one providing them with basic needs.

Watch for these warning signs that your infant is being neglected at a local center:

  • Extreme Hunger or Thirst: If your baby gulps down water or formula the second you pick them up at the end of the work day, they may not be getting the necessary frequent feedings while at the daycare center.
  • Flat Head (Plagiocephaly): If you notice a flat spot developing on the back of your baby’s head, it may mean they are spending nearly all day lying on their back in a crib without tummy time or interaction with a caregiver.
  • Severe Diaper Rash: While some rash can be normal, a severe, blistering rash often indicates a child is sitting in soiled diapers for long periods. Also, if your child’s diaper rash clears on the weekends or over long holidays while under your watch, this is a red flag that your baby is not receiving the proper care at their daycare center. 
  • Unexplained Weight Loss: This can indicate your infant isn’t being fed according to the schedule provided in your paperwork filed at the daycare center.

What Are Unsafe Sleep Practices I Should Look Out For?

Safe sleep practices are clearly detailed in the minimum standards to prevent tragedies, yet we see violations constantly.

We recommend every parent check their baby’s daycare center for these unsafe hazards:

  • Bottle Propping: Caregivers should never prop a bottle on a blanket for a baby to drink alone. This is a major choking hazard and a sign of understaffing at the daycare center.
  • Inclined Sleepers or Bouncers: Babies should never be left to nap in a swing, car seat, or bouncer. If they fall asleep there, they must be moved to a crib immediately. Sleeping at an incline can be fatal, causing a baby’s head to slump forward and cut off their airway.
  • Loose Bedding: Is there a blanket, pillow, or stuffed animal in your child’s crib at the daycare center? The minimum standards state a crib must be bare, with just a mattress and a tight-fitting sheet to prevent suffocation.
  • Swaddling: Texas daycare centers are prohibited from swaddling infants for nap times. If you see your baby is swaddled while asleep at the daycare center, it is against the law.

Watch this video to learn more about the most common unsafe sleep practices at Texas daycare centers.

What Should I Do If I Suspect My Baby Was Injured Due to Neglect?

If your gut tells you something is wrong at your baby’s daycare center, trust it. We recommend you act by:

  1. Seeking Medical Attention for Your Infant: Since your infant is unable to verbalize their experience at a daycare center or explain how they suddenly have a mark or bruise on their body, an evaluation by a trusted pediatrician or doctor can provide peace of mind. The doctor can document your child’s injury and determine if it is consistent with the explanation from the daycare center.
  2. Filing a Report with the State: The minimum standards require all licensed daycare centers to report any injuries or incidents that harm a child under their watch. They are also required to provide parents with a copy of the incident report. Sadly, this doesn’t always happen as some daycare centers attempt to cover up these incidents, especially in cases involving an infant. That’s why we encourage you to file your own report by calling 800-252-5400. Contacting the state this way will trigger an investigation within 24 hours.
  3. Contacting the Local Police Department: If you notice any bruising or your child suffered a physical injury, such as broken bones or a head injury, because of unsafe handling, report the caregiver’s action to your local police department. As we stated before, these intentional actions by an adult toward your nonmobile infant are considered abuse and a criminal act. The medical records from your child’s evaluation can strengthen a possible criminal case against a specific caregiver.
  4. Collecting Evidence and Information: Since your infant cannot speak, document the red flags you notice by taking pictures of their injuries and taking screenshots of any text or email exchanges from the daycare center discussing your child’s injuries. You can also speak to other parents in your child’s class to determine if your baby’s injuries are from an isolated incident or the result of unsafe practices and operations at the daycare center. You can dive deeper into the information that is important to gather after your child’s daycare injury in this article.
  5. Contacting Our Daycare Injury Lawyers at The Button Law Firm: Discovering your nonmobile infant suffered an injury of any kind at a local daycare center is heartbreaking. But you don’t have to experience this alone.

Our team of experienced Texas daycare injury lawyers helps families uncover the truth of what happened to infants, whether that means securing surveillance footage or investigating a facility’s history of violations.

We are here to fight for your family and help you move forward. If your infant suffered an injury at a daycare center anywhere in Texas, call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation. We are ready to listen to you and help you navigate the next steps that are best for your child and family. Our legal team works on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case.

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