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Daycare pickups must follow strict safety rules.

Daycare facilities are mandated to meticulously record the arrival and departure of children, ensuring that a parent or guardian's signature is obtained for both sign-in and sign-out processes. It is crucial to emphasize that staff members are strictly prohibited from signing these sheets on behalf of parents or guardians.

However, the situation becomes complex when parents are unable to personally attend daycare pick-ups, necessitating an alternative representative. In such cases, our Texas daycare neglect attorney strongly suggests proactive planning by parents. One effective measure is to maintain an updated list of authorized individuals for child pick-ups within the daycare center's records.

In accordance with Texas law, daycare centers are required to have a comprehensive plan in place to ensure the safety of children, even in situations where parents cannot personally pick up their child. This legal mandate highlights the importance of thoughtful preparation and collaboration between parents and daycare facilities to uphold the well-being of the children in their care.

Who Is Permitted to Pick Up My Child From Daycare?

Daycare centers are allowed to release children only to a parent or a person designated by the parent. This person generally must be over the age of 18 and have valid photo identification. With the written consent of the parent or guardian, a younger individual may be permitted to pick up a child in some circumstances. 

When children are being picked up from the facility, daycare staff must make sure the person is authorized to make the pick-up and does not appear to be under the influence of drugs or alcohol. If a staff member suspects the person is intoxicated, they should contact the police for assistance. They should not release the child to the person picking up, whether they are a parent or included on the authorized pick-up list.

Daycare centers must have policies in place for the release of children, including a plan for how they will verify the identity of the person who is authorized to pick up the child. If the person who is attempting to pick up the child is not familiar to a staff member, that staff person should check with other staff members to find out if they know the person. If no one does, they should check the child’s records to determine whether the individual’s name is on the approved pick-up list. They should also ask to see the person’s photo ID before releasing the child.  

What if My Child Is Released to the Wrong Person at Daycare?

If your child's daycare center releases your child to someone who is under the influence or who is not authorized for pick-up, they may be held liable if your child is injured or kidnapped. Making a case for negligence includes:

  • Proving the daycare center had accepted the responsibility of supervising your child
  • Establishing that the caregiver failed to properly monitor your child and they were injured because of this
  • Showing that your child’s injury was foreseeable by a reasonable person

Important Steps to Take if Your Child Was Released to the Wrong Person at Daycare

All parents should do the following after their child is injured due to daycare neglect:

  • Get medical treatment for your child. Often, injuries are not immediately apparent, particularly if your child is anxious or stressed because of the unauthorized pick-up. This is even more essential if your child is too young to tell you about what happened. Having your child treated by a medical professional can help identify injuries and figure out how they occurred. Additionally, having medical records documenting the injury may help you if you pursue a case against the daycare.
  • Report what happened to the daycare administrators as soon as possible. You can decide whether or not to return your child to the childcare center, but it might be best to seek other daycare options for your child.
  • Contact a daycare injury attorney who can pursue a case against the daycare. Not only will this be important for your own situation, but you can also hold the daycare accountable, so the same thing is less likely to happen to other children.

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How to Contact Our Daycare Injury Attorneys at The Button Law Firm

If your child was injured because of an unauthorized pick-up, contact our experienced Texas daycare attorneys today. At The Button Law Firm, we are focused on protecting children. When you set up a consultation, we can review your case and talk to you about the next steps. Our live chat option at the bottom of the screen is available 24/7, or you can give us a call at (214) 699-4409. We're here to keep you and your family moving forward.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.