Daycare and Deficiencies: 

caregiver distracted on phone as child plays with objects
  • §746.1203. Subchapter D, Personnel Division 3, General Responsibilities for Child-Care Center Personnel April 2017 In addition to the responsibilities for employees specified in this division, caregivers must: (6)Be free from activities not directly involving the teaching, care, and supervision of children, such as: (D) Personal use of electronic devices, such as cell phones, MP3 players, tablets, and video games
  • §746.901. Subchapter C, Record-Keeping Division 4, Personnel Records October 2018 You must have the following records at the child-care center and available for review during hours of operation for each employee, caregiver, substitute, and volunteer as specified in this chapter: (7)Proof of request for background checks required under 40 TAC Chapter 745, Subchapter F (relating to Background Checks)
  • §746.2401. Subchapter H, Basic Care Requirements for Infants April 2017 Basic care for infants must include: (6)Ensuring the environment is free of objects that may cause choking in infants or toddlers

Date of Report 02/26/2018

Summary of the Report: The Texas Department of Family and Protective Services conducted a childcare inspection of a San Antonio, TX, daycare.

While conducting their inspection, the childcare licensing representative personally witnessed a caregiver using her cell phone while she was supposed to be caring for children. In addition, through the evaluation of the staff records, it was discovered that one of the caregivers who were working directly with children had not yet cleared an FBI background check.

During the facility inspection of the premises, a hairpin was found in one of the infant cribs. The inspector offered technical assistance in the form of a discussion with the caregivers about making sure all areas in the room are cleared of safety hazards throughout the day.

You can read the entire report here.

Proper Supervision of Children is Necessary at Daycare

Unfortunately, even caregivers in charge of the safety of our kids allow themselves to be distracted by technology. The minimum standards require that caregivers be free from other activities, including using their cell phones while caring for children. Caregivers should never be on a personal phone call or using their cell phone for any reason while caring for young kids. It’s a distraction that can cost a child serious injury or even their life. Children, especially infants and toddlers, need constant supervision, regardless of where they are.

To learn more about the dangers of neglect, see the articles below:

Notice the Little Things that Can Cause Injury to Children

Even the one small hairpin in a crib can be an extreme safety hazard to an infant. Babies do not understand the dangers of everyday objects; in fact, they tend to be curious about these things. This can lead them to placing the hairpin in their mouth, nose, or eye and potentially suffering a severe and traumatic injury. Caregivers should always be cautious of what is in a baby’s crib. They must check and ensure cribs are clear and safe for a baby to be in before even placing them in there.

These rules are in place to keep kids safe at daycare or child care facilities and programs. Caregivers have the responsibility to make sure these kids are in a nurturing and secure environment. If daycares and their staff begin to cut corners on even the smallest of rules, dangerous things can happen. It’s important that any and every daycare follows the procedures put in place to avoid serious injuries.

How the Button Law Firm Can Help

Our team is experienced in handling daycare negligence and abuse cases. Since we’ve worked on these cases for families across Texas, we know exactly how daycares should and shouldn’t be operating. Unfortunately, negligence, like what was mentioned in the inspection, happens more often than it ever should. Some daycare operators think they can get away with breaking a few rules. We’re here to put a stop to that. No child should be injured as a result of a caregiver not doing their job. We hold these daycares accountable for their actions, so no kid gets hurt by them again.

If you or someone you know has a child who was a victim of daycare abuse or neglect, contact us. Our team of legal professionals is here to help your family get justice and move forward through this difficult time.

Russell Button
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Texas Trial Lawyer