Violation of These Texas Daycare Standards Pose Greatest Risks to Children

Texas Department of Health and Human Services List of High-Risk Standards

Texas has dozens of rules and standards that all daycare centers must abide by to maintain their licenses to operate. The Texas Department of Health and Human Services (HHS) weights each standard based on the risk a violation of the standard poses to children in the daycare center. Our Texas daycare injury lawyer takes a look at some of the standards that are weighted as high-level risks.

These Daycare Standards Are Vital for the Safety of Children 

All Texas daycare centers are required to comply with every standard set by HHS. Standards weighted as high risk, however, are especially important because violation of the standard is more likely to cause harm to children. Here are a few examples of the high-risk standards:

• Develop and implement childcare center operational policies that comply with or exceed minimum standards §746.201(1)
• Notify the state in writing when offering a new service such as a get-well care program, transportation, field trips, or nighttime care §746.301 (7)
• Notify the state no later than two days after any situation that places a child at risk, such as a child that’s forgotten in a vehicle or playground or a child wandering away from unsupervised care §746.305(a)(6),
• Notify the state immediately if a child dies in your care §746.305 (b)
• Notify parents immediately if there is any allegation of abuse, neglect, or exploitation §746.501(a)
• Notify the parent of the child’s parents immediately after there is an emergency anaphylaxis reaction §746.501(29)
• Maintain safe sleep policies for infants from birth through 12 months according to state standards §746.501 (9)
• Maintain an emergency preparedness plan §746.501(23)
• Maintain policies for the use of unassigned epinephrine auto-injectors for children in care §746.501 (29)
• Obtain the names and phone numbers of persons other than the parents to whom the child can be released to §746.605(7)
• Get authorization to obtain emergency medical care to transport the child if emergency medical treatment is necessary §746.605(12)
• Admitted children must meet the state’s immunization requirements §746.613(a)
• Have proof of request for background checks as required under state law for employees and workers §746.901(7)
• All employees must be supervised §746.1003 (4)
• All caregivers are not regularly scheduled more than 10 hours of direct child care time during a 24-hour period §746.1003 (5)
• Qualified substitutes are called as needed to meet minimum standards §746.1003(6)
• Employees must demonstrate competency, good judgment, self-control in the presence of children and when performing responsibilities §746.1201(1)
• Employees must relate to children with respect, courtesy, acceptance, and patience §746.1201 (2)
• Employees must ensure no child is abused, neglected, or exploited while in care §746.1201 (4)
• Employees must report all suspected abuse, neglect, and exploitation to the state §746.1201(5)
• Caregivers must know and comply with the minimum standards set by the state laws §746.1203(1)
• Caregivers must know which children they are responsible for (2)
• Caregivers must supervise children at all times, following state requirements §746.1203 (4)
• Maintain safe adult supervision when children in care are mixing with other children during splashing or wading activities §746.2101(b)
• When a childcare center uses a swimming pool of two feet or more in depth, there must be at least two caregivers supervision the children when four or more are swimming §746.2105(a)
• The maximum number of children one caregiver can supervise while children are swimming is based on the age of the youngest child in the group, following the provided chart §746.1203(b)
• It is possible to use volunteers to meet the child/caregiver ratio when swimming in over two feet of water, but those people must be able to swim and ready to react in an emergency §746.2115(2)
• Basic care for infants must include ensuring the environment is free from objects that may cause choking §746.2401(6)
• Never leave an infant unsupervised §746.2401(7)
• In room arrangements for infant care, providers must make it possible for caregivers to hear and see all infants at a glance so they can intervene as needed §746.2403(1)
• Cribs may not have any corner post over 1/16 inch above the end panels, §746.2409(6)
• Cribs may not have any cutout area in the headboard or footboard that could entrap a child’s head or body §746.2409(7)
• Any drop gates on cribs must fasten securely and cannot be opened by a child §746.2409(8)
• Caregivers may not leave an infant in the crib with the drop gate down §746.2409 (10c)
• Play yards must have a firm, flat mattress that fits snugly into place designed for the specific play yard §746.2409 (2A)
• Play yards must be a minimum height of 22 inches from the top of the railing to the mattress support at its lowest level §746.2409 (E)
• The folded sides of a play yard must securely latch in place when raised §746.2411(F)
• Play yards with mesh sides must have openings that are ¼ inch or less in size §746.2409 (G)
• Mesh and fabric on play yards must attach properly §746.2409(H
• A child must never be left unattended in a play yard with a side folded down §746.2409 (3) 

Daycare centers must comply with all regulations, including high-level risks not included in the list above and those that are classified as medium or low-level risks. All are important in maintaining child safety. 

What to Do If You Suspect Noncompliance Led to Your Child’s Injuries in Texas

If you believe your child’s injuries are the result of noncompliance to any of these or other safety regulations, it’s imperative to communicate that information to your daycare injury attorney. Contact an attorney to learn more about your rights to recovery in cases like this. Your child's damages may include more than just medical bills. 

Contact our team at The Button Law Firm today by calling (214)699-4409 or by requesting a free case evaluation using this contact form. You can also reach out to a member of our team by starting a chat here.