How Daycares Should Handle Allergy Emergencies

Is Your Child’s Daycare Prepared for a Food Allergy Emergency?

For parents of children with food allergies, sending them to daycare can be nerve-wracking. You’re trusting someone else to recognize potential risks, take precautions, and respond quickly if something goes wrong. One accidental exposure to a common allergen—like milk, peanuts, or eggs—can lead to a terrifying, potentially life-threatening situation.

So, how can you ensure your child’s daycare is prepared to handle an allergy emergency?

What Texas Law Says About Food Allergy Emergency Plans

In Texas, daycares are legally required to have a Food Allergy Emergency Plan in place for any child with known food allergies. This plan isn’t just a generic policy—it’s a personalized document created by your child’s healthcare provider and signed by the doctor and you as the parent.

According to the Texas Department of Health and Human Services, this emergency plan must include:

• A list of all foods your child is allergic to

• The specific symptoms they might experience if exposed to one of those foods

• Detailed instructions on what steps to take if a reaction occurs

These plans are meant to give daycare staff clear, immediate guidance in an emergency, and they are legally required to follow them.

Daycares are also supposed to keep this plan in your child’s file, post information about the allergy in the classroom, and train their staff on how to respond appropriately.

When Allergies Aren’t Taken Seriously

Even with these regulations in place, allergic reactions at daycare still happen. And more often than not, they’re preventable. We’ve seen cases where daycare staff didn’t follow posted allergy protocols or weren’t properly trained to recognize the signs of a reaction. In some situations, the emergency plan wasn’t even on file.

Mistakes like these can turn a manageable medical condition into a crisis.

At The Button Law Firm, we’ve helped families navigate these difficult moments. We understand how frightening it is to get a call that your child is struggling to breathe or has been rushed to the ER because of something they ate at daycare. That’s why we believe so strongly in education, prevention, and accountability.

Steps Parents Can Take

If your child has food allergies, you can take a few proactive steps to help keep them safe at daycare:

• Make sure your child’s Food Allergy Emergency Plan is completed, signed, and submitted to the daycare

• Ask how the daycare trains its staff on food allergies and emergencies

• Confirm that your child’s allergy information is posted in their classroom and food prep areas

• Check that any medication like EpiPens are on-site and accessible

If something ever does go wrong, it’s crucial to act fast:

1. Seek immediate medical attention

2. Report the incident to your state licensing agency

3. Reach out to an experienced daycare injury attorney who can help guide you through what comes next

We’re Here to Help

If your child has suffered a serious allergic reaction at daycare, we’re here to answer your questions and help you find a path forward. You don’t have to go through this alone. At The Button Law Firm, we work with families across Texas to hold daycares accountable when they fail to protect kids.

We also offer a free guide called 10 Tips for Finding a Safe Daycare—a great resource for any parent wanting to make informed, empowered choices about childcare. You can download it using the link below.

Your child’s health and safety matter, and we’re here to help make sure they’re protected. Call us at 214-699-4409 or fill out a contact form for a free consultation.