How Daycares in Texas Should Practice Safe Sleeping

What Are Sleep Injuries at Daycare?

Along with playtime, story hour, and snack breaks, sleeping and naptime are part of a child’s daily activities at Texas daycare centers. While infants sleep for more of the day, toddlers and preschoolers over the age of 18 months who attend a daycare for five hours or longer are required to have a scheduled rest time. A child’s safety is important during a nap or rest time at Texas daycares. Children can suffer from brain injuries, broken bones, suffocation, or even choking when daycares do not follow safe sleep practices. Tragically, the American Academy of Pediatrics (AAP) estimates there are approximately 3,500 sleep-related infant deaths in the United States, including incidents that occur at daycares in Texas, every year.

Our Texas daycare injury lawyers are working to ensure parents know what a daycare's responsibility is for safe sleep practices to prevent any child from being hurt or killed while napping.

Ways Daycares Can Prevent Sleep Injuries in Texas

The good news: Sleep injuries at Texas daycare centers are preventable. To protect the children in their care, the first step daycare centers across Texas can take is to ensure all workers receive proper training and follow the state’s minimum standards that reinforce best sleep practices at childcare facilities.

Infant Sleep Safety at Daycare

Daycare workers should be knowledgeable on safe sleep practices, especially for infants. Sleep injuries are most common when infants are not put in safe environments. Proper positioning and a safe environment are key to reducing a child’s risk of sudden infant death syndrome (SIDS). The AAP recommends infants:

• Sleep on their back on a flat, level surface. Infants should be moved to a crib if they have fallen asleep on an incline, such as a car seat, stroller, infant swing, or carrier.
• Caregivers should not place anything in the crib with the child, especially anything soft, like a blanket or a toy.

In addition to an infant’s sleep position, proper swaddling technique is essential to safe sleeping. When babies are incorrectly swaddled, they are at risk of suffocation. The blanket can potentially get wrapped or twisted too tightly around a child’s neck, especially as a child begins to independently move their head or roll over.

Lastly, it is important that Texas daycare workers are mindful of cribs and crib gates. When a distracted caregiver does not properly secure the child inside of a crib, the young child is at risk of falling several feet to the ground. A child rolling over can injure their head or potentially break bones in their little, fragile body.

Toddler and Preschooler Sleep Safety at Daycare

For toddlers and preschool-age children, a lack of supervision during naptime can lead to a child getting hurt at a Texas daycare. Daycare workers should be just as diligent in watching young children during this time as at any other period throughout the day. Bored or curious toddlers can easily:

• Get into stowed baskets of toys or supplies that can lead to a choking incident
• Wander unsupervised to an unsafe area of the childcare facility

What Damages Can Be Recovered from a Texas Daycare Sleep Injury?

Parents in Texas have the right to hold a daycare and relevant caregivers accountable if a child is hurt while sleeping at a daycare center in Texas. By filing a lawsuit against the daycare, parents can seek compensation, also known as damages.

Damages that a family may be compensated for include:

• Emotional distress
• Medical expenses, including ongoing or future medical treatments and therapy
• Pain and suffering

In the tragic event that a child is killed because of unsafe sleep practices at a Texas daycare center, parents and guardians may be eligible for compensation to cover: 

• Funeral expenses
• Medical expenses incurred prior to a child’s passing away
• Loss of consortium for family members
• Emotional damages such as pain and suffering
• Other unexpected costly fees

In Texas, there is a two-year time limit for filing a claim against a daycare, so reach out to our team as soon as possible. Call us at 214-699-4409 or fill out a contact form for a free consultation. Our experienced Texas daycare injury attorneys will listen and determine the best way to help you and your family. 

Schedule a Free Consultation with Our Texas Daycare Sleep Injury Lawyers

Our team of experienced and compassionate Texas daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child was injured or killed while sleeping in the care of a daycare facility. With attorneys in Dallas, Houston, and Midland, we are ready to listen and fight for your family. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409 or fill out a contact form for a free consultation.