How Does the Texas Childcare Shortage Affect My Child’s Safety at a Daycare Center?

It comes down to simple math and attention. When a daycare center is struggling to hire enough qualified caregivers but refuses to cap enrollment, something has to give.

Texas childcare laws, also known as the minimum standards, outline specific child-to-caregiver ratios based on a child’s age. (Learn more about the specific ratios broken down by age in this article.) These ratios ensure that caregivers have the bandwidth to engage with children, closely supervise them, and spot hazards before they happen. In an understaffed daycare classroom, even the best-trained and most experienced caregivers are in survival mode. Their attention is spread all over the place in the chaotic environment, causing safety practices in the minimum standards to fall through the cracks.

What Happens When a Daycare Classroom Is Overcrowded?

An overcrowded classroom makes children invisible. Even if a teacher is physically in the room, they cannot possibly have their eyes on every child, as required by law.

We often see this result in staffing gaps, moments where a caregiver steps away to change a child’s diaper or handle a tantrum, leaving the rest of the children in a classroom unsupervised. In fact, lack of supervision is the top cause of daycare injuries. In those seconds without supervision, children can be seriously hurt. Below are examples of what can happen.

  • Improper Discipline Methods: Children can be isolated from classmates for a prolonged amount of time because the caregiver forgot they put them in a timeout.
  • Missed Medical Needs: In the rush of a chaotic day, critical medications are missed, or known allergens are served to the wrong child.
  • Playground Falls: When children climb on equipment too advanced for their age, no one is there to intervene or catch them if they fall.
  • Wandering: Children can slip out of a classroom or through an unlocked playground gate because caregivers were too distracted to conduct a face-to-name check before and after classroom transitions.

How Can Child Injuries Happen Even When the Daycare Center Is In Ratio? 

For most Texas parents, this is one of the most frustrating and scary aspects of relying on childcare help. You might ask your child’s daycare director if they are meeting state ratios and confirm that they are.

However, meeting the bare minimum legal requirement doesn't always equal increased safety. In many instances, daycare centers can be considered in ratio, but the caregiver responsible for the children may not be adequately trained by the daycare center. For instance, they may not know all the safety practices outlined in the minimum standards, or they may lack qualifications per the caregiver requirements outlined in the minimum standards. Lastly, the center may not have properly vetted the caregiver with a completed background check before placing them with children.

These unsafe hiring practices can seriously put children at risk of suffering injuries and psychological trauma that can stick with them for a lifetime. A few examples include:

  • Children being drugged when unqualified caregivers bring vape pens and illegal drugs into the daycare center.
  • Criminal acts such as physical and sexual abuse when a caregiver does not complete the proper screening or is not closely supervised by the daycare director.
  • Unqualified and overwhelmed caregivers drugging children with melatonin gummies to make them sleepy and easier to control.

What Should I Do If I Suspect My Child’s Daycare Center Is Understaffed?

Trust your instincts and visit the daycare center unannounced to observe how the daycare center is operating. Some warning signs to watch for:

  • Drop-offs are chaotic
  • The center has high turnover, and you see new caregivers every week
  • Your child’s caregivers seem perpetually stressed or frazzled
  • Your child suffers an injury at the daycare center that was easily preventable

A staffing issue may be the root cause if your child has suffered an injury at a daycare center in Texas that could have been prevented with close supervision by a caregiver. This could be experiencing a fall from a high playground structure because no one was watching or a bite from another child at the center. Call us at 214-699-4409, email us at intake@buttonlawfirm.com, or fill out a contact form for a free case evaluation. We hold negligent daycare centers accountable when they choose to cut corners and prioritize profits over your child’s well-being. With offices in Dallas, Houston, and Midland, we are ready to listen and fight for your 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.