What Texas Parents Need to Know About Daycare Incident Reports

When Should a Daycare Incident Report Be Completed?

The minimum standards require documentation for a variety of situations to keep parents informed.

You should expect an incident report if:

• Your child was injured. This includes everything from minor scrapes and bruises to serious falls or cuts requiring stitches.
• Your child was endangered. Even if no obvious physical injury occurred, situations where a child was able to wander away from the center or was left in a daycare van should be documented.
• There was a medical emergency. This covers allergic reactions, seizures, or sudden illnesses that required intervention.
• There was a behavioral incident. If your child had an altercation with another child that involved biting, hitting, or exhibited unusual behavior, it should be noted.

What Information Should Be in a Proper Incident Report?

A vague note stating your child fell is not adequate in a daycare incident report. A proper incident report is a legal record, and it needs to tell the complete story of how your child was hurt or endangered while under the center’s watch.

When you review a report, check to make sure it details:

• The Basics: The specific date, time, and location within the center, such as the playground or the toddler classroom, where the incident occurred.
• The Caregivers: The names of all caregivers who were supervising the child at the time of the incident. This can also include other staff members at the center who witnessed the incident that caused your child’s injury.
• The Narrative: A clear, step-by-step description of exactly what happened before, during, and after the incident.
• The Response: A detailed account of any first aid or medical care provided to your child. This should include specifics such as "applied ice pack for 10 minutes" or "cleaned wound with soap and water."
• Signatures: The incident report should also be signed by the child’s caregiver and the daycare director.

What Details Are Often Missing or Minimized in Reports?

This is where we urge parents to trust their gut and ask questions. Some daycare centers will use vague language to attempt to cover up negligence or the safety corners it cut that violate the minimum standards.

Our experienced daycare injury lawyers advise parents to look closely for these common missing details in incident reports:

• Delayed Response: Does the time your child’s injury was noted match the time you were notified? A significant gap can indicate caregivers didn’t immediately realize your child was harmed or were not properly trained to recognize red flags of severe injuries.
• Inconsistent Explanations: Does the written description match what your child’s caregiver or teacher told you on a phone call? Does it match what your child says happened at the daycare center? If the incident report says your child was clumsy, but your child says they were pushed, that is a major red flag that you do not have all the information. We have also seen firsthand that a child’s medical exam reveals a child’s injury, such as a nursemaid elbow injury, could not have been caused the way that was detailed in the daycare’s incident report.
• Lack of Supervision: Does the report fail to mention where your child’s caregiver or teacher was standing? Vague phrases such as "we turned around, and he was crying" often indicate your child was not being closely watched as required by the minimum standards. It could also signal that your child’s daycare center was operating out of ratio.
• Witness Information: Does the report not include any witnesses?

If any of these details are missing in your child’s daycare injury report, push the daycare center or reach out to our experienced team of daycare injury lawyers to help you get answers. Call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation.

Why Does the Incident Report Matter for Your Family?

If your child has been injured at a daycare center anywhere in Texas, an incident report is the first link in the chain of evidence. When your child’s injury or the events leading up to your child’s injury are not accurately documented, it can prevent your child from seeking necessary medical care. Vague responses or omitting information also signals that the daycare center prioritizes its reputation over child safety.

If you feel that an incident report from your child’s daycare center is inaccurate, incomplete, or if the daycare center refuses to give you a copy, contact our experienced and compassionate daycare injury lawyers by calling us at 214-699-4409 or emailing us at intake@buttonlawfirm.com for a free case evaluation. We are ready to listen to you and fight to uncover the truth. Our legal team works on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Don’t navigate this alone.