Incident Reports - Are Daycares Required to Give One to Parents?

Can a Texas Daycare Refuse to Give Me an Incident Report?

Texas daycares cannot legally refuse to give you an incident report if your child was hurt while in their care. They’re required by state law to create and share one with you.

The rules that govern daycares in Texas are laid out in the Minimum Standards for Child Care Centers, and they’re clear: if a child is injured while at daycare, the center must document the incident and provide a report to the child’s parent or guardian. That report must be signed by the parent and shared within 48 hours of the incident.

So, if your child was hurt and the daycare withholds that report or claims it doesn’t exist, they may be violating state law.

What If the Daycare Didn’t Inform Me of the Incident?

You’re not alone. Unfortunately, it’s not uncommon for negligent or untrained daycare staff to skip reporting altogether, especially if they believe they’ll get in trouble or attract scrutiny.

Here’s what to do if you suspect something happened but never received a report:

• Request the incident report in writing. Email or text is fine—just get it in writing.

• Report the situation to Child Care Licensing, a Texas Health and Human Services Commission division. This agency investigates daycare violations and can issue citations.

• Monitor your child for any signs of injury or distress, especially if they’re too young to explain what happened.

Even if the daycare claims the injury was minor or unintentional, they must still document and report it.

Why Would a Daycare Try to Hide an Injury?

Some daycare centers try to avoid accountability by downplaying injuries or skipping documentation entirely. Others may not understand the legal requirements. In either case, it’s not acceptable.

Failing to report an injury:

• Violates Texas licensing standards

• Prevents parents from understanding what happened

• Could mean crucial medical care is delayed

• Raises concerns about deeper safety issues

In some cases, this kind of behavior is a red flag for broader neglect or even abuse.

Do I Need a Lawyer If the Daycare Won’t Cooperate?

If a daycare is dodging your questions, delaying reports, or refusing to communicate, it’s smart to speak with an attorney. A daycare injury lawyer can:

• Send a formal letter demanding that the daycare preserve records and surveillance footage

• Investigate whether safety or licensing standards were violated

• Help your family take legal action if your child was seriously harmed

This also puts pressure on the daycare to take the situation seriously—and to stop sweeping things under the rug.

You Have the Right to Answers—and to Take Action

Every parent deserves transparency when their child is hurt. If your child was injured at daycare and you're struggling to get a straight answer, don’t wait. The sooner you act, the easier it is to preserve evidence and hold the daycare accountable.

At The Button Law Firm, we help Texas families get the support and justice they deserve after a daycare injury. If you’re facing silence or resistance from your child’s daycare, call (214) 699-4409 or email us at [email protected]. You can also contact us by filling out the contact form.

If you haven’t already, download our free guide,5 Steps to Take After a Daycare Injury. It contains helpful next steps and tips for parents navigating this situation.