The truth is it depends. We are not the first to say take your kids out after every single incident at a daycare center. In fact, we believe it requires an investigation, a discussion, and an informed decision. So, where do you begin?

What Investigation Can A Parent Do After Their Child Was Injured While At Daycare?

We always believe that becoming informed starts with a thorough investigation. Most parents we talk to after a child has been injured at daycare has already started an investigation. However, others just want us to do it so that they can focus on their family and the medical treatment their kids need.

After you make a report at the daycare facility, you will want to do the following:

  1. Speak with your child about what happened – it will likely take some interpretation, but there will be revealing details there that you likely didn’t hear from the daycare teachers.
  2. Go to the Texas Department of Family Protective Services website where all reported incidents for the last two years are compiled. You will want to check to see if your incident was even reported and if there were others that look alarming. Now remember, this is only if it was reported by the parent or daycare facility.
  3. Ask other parents with kids at the same facility if they have heard from their kids or seen any red flags themselves. They may have seen something but didn’t think much of it because it was not their kid. This happens more than you realize. Parents always want what is best for their kids and should know what other parents are seeing going on at a particular facility.
  4. Read the reviews online – all of them. Not just the good ones but the bad ones. Sometimes these are very revealing of what is really going on at a particular facility. For example, with the bigger daycare facility chains like Kinder care and La Petite, one facility may be much better than another.
  5. Think back to any red flags you may have overlooked before now that something actually happened to your child.

If this seems like a lot, it is. We know because we do this and more on every single case we handle. However, I believe that parents are great investigators for their injured kids because they have a purpose when doing it – to get to the truth.

We can handle this for you as well and let you know if we believe it is a case or not quickly. Since we investigate claims against many Texas daycare centers, we will likely already know the track record of a certain facility you may have questions about.

What Is The Discussion A Parent Needs To Have About The Daycare?

We are always in favor of asking the daycare facility the following questions:

  1. Did you conduct an investigation?
  2. Is the teacher that was involved or in charge of supervising my injury child going to still be watching kids while you investigate it?
  3. Did you report this to the State of Texas?
  4. Do you have a video of the incident?

We also want to make sure that you have a family discussion regarding what happened, what you have discovered about the daycare center, and what is in the best interests of your children. Each parent makes a different decision and a lot of it depends on a variety of factors.

Make An Informed Decision Keeping In Mind The Daycare Neglect, Injury or Abuse

After asking the right questions, reading all the information you can, and investigating all angles, you will be ready to make an informed decision. If you have questions, doubts, or concerns in any way, reach out to us. We routinely tell parents after careful consideration that it is not worth a lawsuit in that particular circumstance. At the end of the day, make sure that whatever happened is reported so other parents can make informed decisions about their kids as well.

If we all work together, we can weed out the bad apples from the great daycare providers that allow working parents to provide for their families and give the kids a safe environment.

So, What Do You Do With The Kids After One Of Them Have Been Injured While At Daycare? 

The short version is this – if you feel that the daycare did something wrong that was easily preventable, then you will likely want to take your child elsewhere. If the daycare did not know what happened to cause your child’s injury or how it happened, you may not know enough to want to take them elsewhere. Thus, as long as you followed the steps above and reported it, then that is a parenting and family decision. You do want to make sure that the reason the daycare doesn’t know what happened is not because of a lack of supervision, which it will usually end up being. They will say it was just “kids being kids”. We all hear that phrase, but daycare facilities use that as a catch-all when they don’t really know what happened. So, were they really watching?

Regardless, if you follow the three simple steps outlined above, you will be making a great decision for your kids because you are prepared with great information.

Want To Learn More About whether you should leave your kids in their daycare facility after one of them is injured?

We often get asked, should I leave my kids in the Texas daycare facility or take them out? That depends on many factors and we would be happy to discuss this with you for free if you call our office at 214-888-2216.

Russell Button
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Texas Trial Lawyer