Why Haven't the Police Arrested the Teacher After My Child Was Harmed at Daycare?

Why Haven't the Police Arrested the Teacher for Abuse or Neglect of My Child?

In some horrifying and heartbreaking situations, caregivers at daycares display abusive and negligent behaviors that can cause serious harm to young children. Though it typically seems like an arrest of the caregiver would be the next step in these cases, it's important to recognize that the arrest of the individual involves a nuanced evaluation by law enforcement and may not always happen. While investigations by the state may reveal evidence of misconduct, the threshold for criminal charges is different. Law enforcement agencies assess various factors, including intent, the severity of the alleged misconduct, and your state’s criminal statutes, to see if crimes may have been committed before deciding on arrests.

Examples of incidents that abusive or negligent caregivers may be charged for include:

Criminal vs. Civil: What's the Difference in Teacher Misconduct Cases?

It's crucial to understand the distinction between criminal and civil cases in daycare caregiver misconduct scenarios. Criminal cases are concerned with punishing wrongdoing after laws are broken, requiring evidence that a crime has been committed to meet a high burden of proof. Civil cases, conversely, seek recovery and justice for victims. In caregiver misconduct situations, criminal charges are pursued by the state, while civil lawsuits are initiated by affected families seeking damages for the harm caused to their child. Our Texas daycare injury attorney highlights the key differences between criminal and civil cases in teacher misconduct cases.

The Role of State Findings in Criminal Proceedings

State findings serve as valuable information for civil actions, but they don't automatically lead to criminal charges. The variance in standards of evidence and legal considerations between civil and criminal cases can contribute to the apparent discrepancy. DFPS findings may prompt further investigation by law enforcement, but arrest decisions ultimately depend on a separate evaluation of criminal liability. Furthermore, the bringing of criminal charges depends on the evaluation of the district attorney’s office.

Why Can't Parents Press Criminal Charges Themselves?

Parents may understandably want to take matters into their own hands, but the authority to press criminal charges lies with the state through your local jurisdiction’s district attorney’s office. While parents can report incidents to the police, it is the responsibility of the authorities to assess the evidence, determine the merit of the case, and decide whether criminal charges are warranted. Initiating criminal proceedings involves a comprehensive evaluation of the facts to determine if laws were broken and which ones. Parents, however, may find that they can advocate for their children in potential civil actions seeking recovery for damages.

Seeking Legal Help for Daycare Teacher Misconduct, Abuse, or Negligence Cases

In situations where a caregiver has caused your child harm by abusing or neglecting them, consulting with a legal professional is crucial. An experienced daycare injury attorney can guide parents through the complexities of potential civil actions, providing insights into the legal avenues available to seek justice and compensation for any harm caused to their children.

Schedule a Free Case Evaluation with a Texas Daycare Abuse Attorney Today

If you or someone you know has a child who was harmed by their daycare teacher, contact our firm. We know how difficult getting through this can be. Our experienced team wants to help guide you – as we have helped guide many parents and families within Midland, Houston, Dallas, and the surrounding areas.

You can give us a call at (214) 699-4409 or email us at [email protected]. You can also reach out to us by filling out the form below or by starting a chat with a member of our team.