I never thought that I’d see the day when children are drugged at daycare. And in our experience, it’s more common than I ever could’ve imagined. It seems outrageous that a daycare responsible for caring for young children is causing this type of damage, but sadly, this continues to happen.

So today, we want to discuss the legal steps parents can take after their child was drugged at daycare. Children can be drugged at daycare in a variety of ways. Most often, we see this happen when caregivers purposely give children drugs that cause sleepiness. We usually see this when the caregivers want the children to be calmer or take a nap. So they might give them an antihistamine, like Benadryl.Another alarming example of children getting drugged at daycare occurs when the caregiver brings the substance to the daycare, and the kids get in it. 

Examples of these drugs that we’ve seen kids ingest at daycare are:   

  • THC gummies,
  • Prescription drugs, like sleep aids, anxiety medication or pain relievers.
  • Nicotine products, like vapes or chewable tobacco

None of these situations should ever be happening, and daycares are responsible for preventing children from being drugged. So, you’re now wondering what the process of filing a lawsuit is like after your child was drugged at daycare. Today, we’re going to break that down. First and foremost, if you believe your child has been drugged, seek immediate medical attention. Your child's health and safety always comes first. After you’ve ensured your child has received proper medical care, make sure that you keep all medical records from the incident.

Medical records can serve as important evidence that shows the effects the drugging had on your child. In addition to keeping medical records, we encourage parents to document all other aspects of the incident. That might include keeping a detailed record of any signs or symptoms your child exhibits, unusual behavior, and conversations you've had with your child, the daycare staff, or other parents. Then, be sure to report the incident to the appropriate state agencies.In Texas, you’ll want to report to the Texas Department of Health and Human Services. THHS will investigate the daycare and caregivers involved in the incident, help determine what happened, and see if any rules were violated by staff at the daycare.

Be sure to report this incident to the police, as drugging children is a violation of the daycare safety standards, and law enforcement may charge the caregivers in a criminal capacity.

Finally, to formally make a claim and file a lawsuit, you’ll want to consult with an attorney who is experienced in childcare negligence cases. Since these cases involve minors and can get complicated, an experienced daycare injury attorney can walk you through each step, making sure you’re doing what’s best for your child.

Once you’ve hired a daycare injury attorney and finished the investigation process, you’ll want to have a strategy session with your attorney to discuss the route that the case should take. Some cases can be successfully resolved without a lawsuit, others cannot.

While a lawsuit is not recommended for every family in every case, certain cases do need to be filed in order to have the most effect for community safety and accountability for the life-changing damages to the child. Ultimately, the decision should always come down to what’s in the best interest of the child.  

Daycare injury attorneys, like our team here at The Button Law Firm, can help you understand your legal options and guide you through the process of pursuing a lawsuit against a daycare. But, if you’re not quite ready to speak to a member of our team, we understand.

That’s why we’ve created our free guide, 5 Steps to Take After a Daycare Injury. It’s linked here.

We hope the information we provided has been helpful. No child should ever be drugged by their caregivers at daycare. If you have any questions or concerns, please don’t hesitate to reach out to a member of our team. We’re here to keep you and your family moving forward.