Picture this – you sent your child to daycare, just like any other day. But, you discover that there was an incident that caused harm to your child. When you talk to the daycare and ask for an incident report, they refuse to give you one.

You may be wondering, “What should I do next?” That’s why we’re discussing your rights as a parent and if daycares are legally obligated to provide you with an incident report.

Before we get into it, though, we want to make sure that you’ve downloaded our free guide, 5 Steps to Take After a Daycare Injury. This guide is filled with tons of helpful information and is a great resource to help guide parents through the aftermath of a daycare injury.

Does The Daycare Have to Give Parents an Incident Report?

So, let’s discuss. Does my child’s daycare have to give me an incident report? In Texas, daycares are required to follow various rules – all in the interest of keeping kids safe. These rules are outlined in the law for daycares, which is called the “Minimum Standards for Child Care Centers.” According to the minimum standards, daycares are required to complete and share an incident report with the child’s parents whenever an incident causing injury occurs. Additionally, the daycare must obtain the parent’s signature on the incident report. This has to be done within 48 hours of the incident – if it’s not, the daycare is in violation of Texas’ minimum standards.

Common Questions About Daycare Incident Reports

Now, let’s discuss a common follow-up question many parents ask us. What if something happened to my child, but the daycare never gave me an incident report? Well, unfortunately, we see this happen all the time. Many times, negligent daycares believe that if they act like the incident never happened, it’ll be easier to cover up. If they do this, it’s essential that you request the incident report from them in writing – they must provide you with one as it is their legal obligation to do so.

Next, be sure to report the incident to your state’s childcare licensing department.

  • This department will get involved,
  • investigate what the daycare did or did not do properly,
  • and issue a citation to the daycare if any of the licensing standards were violated.

Contact a Daycare Injury Attorney

If you’re finding the daycare is being difficult and not telling you everything, it’s possible that they may be covering something up. That’s why it’s important that you get a daycare injury attorney right away.

Daycare injury attorneys are able to put the daycare on notice to preserve evidence and file a formal claim against the daycare. If something serious did happen to your child, a daycare injury attorney can help get the resources you need to recover.

Our team here at The Button Law Firm is experienced in helping families move forward after their child has suffered from a serious injury at daycare. To learn more about what steps to take next, be sure to reach out to our team. In the meantime, check out our free guide, 5 Steps to Take After a Daycare Injury.

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