When Is the Daycare Held Accountable?

As a former day care worker & school teacher, my opinion is that they weren't watching her & feel guilty. Plus add in the fact that they didn't bother to notice that her teeth were pushed in. They are trying to shift blame & pass it over.

I don't have any other advice, but they should know that there are better day cares out there.

I do agree that the day care should have called the parents to notify them of the accident.

HOWEVER, I do not agree with getting lawyers involved for something like this. ACCIDENTS HAPPEN.....we all know that....it can happen within a couple of seconds even with parents around. Note some of the other responses here already...

Leave the lawyers to settle the cases where a child has died from being left in a hot car by a day care worker OR parent.

Also "I blew my top when my child came home with someone else's shirt on"..........really??????....maybe your son's shirt was damaged and they used a shirt set aside for things like that. At the schools...the nurse has a stash of older clothes that are used in case of accidents such as clothing getting soiled at school.

You sound like a very loving mom but this was a little much....I'm sorry if that is offensive to anyone but we have to lighten up on some things or we would go nuts as moms...

I'm sorry but I have to agree with the people you've already told this story to - "accidents DO happen". If the child were at home playing in the toy room while the mom was washing dishes, she wouldn't have seen 'what happened' either. You are probably right that the daycare center should have called the parents when it happened. It would be nice for them to seem like they are sorry for the incident. You have to remember though, they probably have a child who gets hurt every day, so they may not realize the enormity of this particular incident.

Honestly, when people are paid to care for other people's children they are just that - hired help. . . . you can't expect them to treat every child as if they were their own. Sorry - but it's the truth. You can only do so much to keep your child safe. Once a child is dropped off at daycare, left with a nanny, or taken to a church nursery - their safety is 100% out of the parents' hands.

Parents can research & pay lots of money for the very best childcare, but it's all still 'childcare'. AND you can sue them all day long if your child is hurt, but it won't have prevented it from happening in the first place.

Watch the news, this incident is minor in comparison to the children who die every day in daycare centers around our country. I'm upset every time I hear of a child getting hurt, but accidents do happen (especially when mom & dad aren't around).

Yes, they should've called the parents ASAP. That is a problem. Yes, they should be more sympathetic to the injury. However, yes, accidents happen.

My son has a black tooth because he fell off a bench and onto the concrete face first. I didn't see it happen, why? Because I was trying to point out where his daddy was out on the ice while playing hockey. I looked away for seriously 2 seconds and now he has a dead tooth. Thankfully, twice a year dentist appointments (covered by my insurance at 100%) are adequate to keep an eye on it.

My son was playing at a friend's house while we were on Date Night. He decides to run head first into the corner of their island in their kitchen. Small little scar near his eye now.

When my son was still in his clumsy stage, he tripped and bonked his head while at daycare. Small scar in his hairline. His providers IMMEDIATELY called me and asked me to come look at it and assess if it needed stitches. It didn't, but even if it had, that's what my insurance is for. I would never ask for them to pay for it or sue them. My son was barely 2 and known to be clumsy.

He's 4 now and comes home COVERED in bruises and has at least 2 band-aids on at all times. No exaggeration. Most all of his injuries happen at school and I've seen what he does: he 'drives' his truck across the grass, will sometimes slip, and tears the skin right off his elbow. Gotta love it.

Those are just HIS stories. I had stitches at 2, again from bonking my head in kindergarten, again after falling off bleaches in middle school, again after swinging between cars in middle school, and a broken leg in high school.

The bottom line is that YES, they should've called. That's definitely an issue. The rest is hard to say it's sue worthy. If that were the case, I could've probably sued both of my son's providers (infant and preschool) and my friend. ;)

I do agree that the daycare should have called the parents about it when it happened. But I do think that accidents happens and they cannot be liable for that. It is no different than if mom was in the bathroom and the baby fell, that would be an accident as well. When you pay people to watch your children you have to realize that they cannot/are not able to care for them the way that a Mommy and Daddy would look after them. There is no one better to watch your children than you, and sometimes that takes a LOT of sacrifices.

I too would be upset, but mainly upset that I was not there for my child. (I know I am going to get some grief for this response but it's my opinion.) They should have called immediately though.

As a former daycare teacher, I can honestly say it is impossible to have an eye on every single child every minute they are there. Can you do it at home with your kids? Accidents do happen, and they are not always explained in detail how it happened. That does not mean that they weren't watching the kids, it just means they didn't see her at the exact moment she fell.

However with her teeth being pushed back, they should have called to inform the parents, and let them decide to take her to the dr. We all get upset when our kids get hurt, but we can't protect them every second of the day. Accidents do happen. They should talk to the director again and ask about their insurance information, because it did happen at the daycare, they should cover it. Let them know that they don't wish to take further action, unless the daycare is unwilling to cooperate. I don't think making a big fuss and calling a lawyer is necessary at this point. They made an accident report, and they did put ice on it. It's not like they just ignored her after she fell. I agree they should have called since her tooth was pushed out of place, but they may not have been able to see that if they couldn't see in her mouth.

I can see both points of view, both as a mom, and as a daycare teacher. It's hard to see the other side when emotions are involved, especially when it involves kids. There are a few bad daycares out there that the news lets us know about, but most daycares are great and truly care about the kids. I'm sure it will all work out just fine.

J.,

I agree with trying to handle the situation at the lowest level possible (daycare director) before seeking legal action since it wasn't a malicious event and they didn't try to hide the incident. Fortunately, it is a licensed daycare so there is recourse if needed. It might be interesting to see if there have been other complaints against this center. You could see at: www.dfps.state.tx.us. If your friend doesn't get the cooperation she expects from the director, before going to an attorney, I would let the director know she'll be reporting the issue to the state.

OMG!!! I can't believe they aren't trying to help in this situation, that is a serious injury.

Be sure that the dentist takes xrays, it might effect her adult teeth depending on how she it it. The tooth probably should have been put back in it original place to save the tooth and or nerves... not to scare you or your friend.
I would switch day cares, it kind of makes you wonder how many times something like that happens and no one is called.

I would be very upset myself, I think they should have contacted the parents after it happened. I would remove my child from that daycare and find one that if an "accident" does happen, that they should contact me afterward, of course take care of my kid first, but then call me, don't wait until I pick up my child.

First, in answer to your question, I would assume the daycare could be held accountable if after an investigation into the matter, they are found to be negligent. If your friend files on their insurance, either the insurance, or possibly the Texas Department of Family and Protective Services, will probably be the ones to make that determination. Of course, if your friend does not agree with their findings, he can always sue them, but I think starting with an insurance claim, and/or getting DFPS involved would be the first steps myself. I mean, technically, he can sue them whenever he wants, even before an investigation, but that seems a little premature in my opinion.

Second, I agree that the daycare should have called the parents with an injury like that in my opinion. I got a phone call from my son's preschool when he complained to his teacher that there was a rock in his nose. They told me they took him to the director who looked in his nose, but by then he told them that it was gone and on the ground in the playground, but they still wanted to call me to let me know so I could check him out when I picked him up. That was just with a possibility of an injury. Something that involved blood, swollen body parts and/or damaged teeth would have been reported by my daycare IMMEDIATELY I think.

I, however, do not agree that the director should not have been apologetic for legal reasons. Did she refuse to give your friend the insurance information? Or did she just give it to him, but blew it off saying something like he was over-reacting? It's hard to tell in your post. It's true that accidents happen, but we expect that the people caring for our children are doing just that, CARING. Not just chalking it up to "accidents happen". Accidents happen at home too. We don't just sit and let our kids bleed on the floor after it happens. There needs to be some CARE involved in dayCARE, and that includes being concerned when a child gets hurt, especially to that degree.

My son was involved in another incident at his preschool where the teacher wasn't watching for only a brief moment so we don't know the whole story about what happened, but the director WAS apologetic about it and they changed their rules so that the teacher would always be present and there wouldn't be an occasion for it to happen again. There was an investigation into the incident by DFPS, which my son's preschool reported the incident themselves. After the investigation, the licensing officer gave guidelines on changes to be made to avoid the incident again, but it found no "negligence" on the part of the teacher or the daycare, which I found acceptable in that case.

Whether or not your friend makes a claim on their insurance, he can still report the incident to DFPS himself, even anonymously if he wishes, and they will investigate it and provide a report to him when the investigation is over.

My guess is the director probably sees more injuries than a typical parent would and may have become desensitized to something that we might find much more traumatic. That doesn't excuse their behavior. It's just insight into why they might not make as big a deal about it as we would. Regardless, if they aren't willing to talk about ways to keep something like that from happening again, I would be taking my child elsewhere toot sweet.

Blessings,
N.

Because the child is 2 yrs. I guess your friend can ask her daughter exactly what happened and understand if it was an accident or if another kid pushed her. I guess that unless you ask the daycare facility to call you for every incident they will fill the accident report and give it to the parent when they pick up their kid(s). I don't know their standard to call the parent but you should ask your daycare.
Although, kids will always be kids and they like to play, jump and run like they own the world and that's when accidents happened. I understand that the best is for a Mom to always be there but, sometimes we just HAVE TO work (including myself) and have to pray that the facility we are trusting our kids to do their best. At the end, we do pay for their service and must expect the best.

The daycare should of called as soon as that accident happened!!

I would'nt contact an attorney though or hold them accountable. Accidents will happen. As for no one seeing what happened- My kids have been in daycare and I worked at a very good daycare. Basically there are two teachers to 22 2 year olds. Imagine the biggest room in your house and you and a friend are watching 22 kids. It is basically organized caos.For instance-maybe one teacher was changing a diaper or panties and then the other teacher was tending to another kid. If it was play time in the room, think about how crazy it can get with all the kids playing ,fighting,crying- 22 different personalities going on.It can get very hectic at times. So I can see how they didnt see how it happened. Please dont be livid about your son coming home with a different shirt. Again-picture trying to get lunch served to 22 kids, get 22 kids mats out, giving them thier blanket, getting them to sleep....it is a very hard job. If you worked in one for a day...you would completely understand.

I think the parents should look for a new daycare. They may not have to say they were sorry, but seems they could have been more caring of the situation.The daycare I worked at would always call for an accident that severe and they had cameras in the room so they could go back and see what happened.

I hope the little girl is doing better.

While I don't work in a daycare, or have a child that is in daycare, I babysit 2 little girls in my home and if this were to have happened in my care, you can bet your butt I would be on the phone immediately! I've only had one time that anyone's gotten hurt, and it was just a bloody lip, and I called her mom right then just to let her know what happened. Accidents DO happen though, and you can't watch every single second of the day when you have numerous kids running around. However, if they were doing their job, they would at least know the gist of what happened, i.e., what she was around, who was around, etc.
I would find another daycare that is willing to let the parents be the one to decide what is an emergency and what isn't, ya know?

Wow. I have a two year old in daycare. Fortunately, nothing like this has ever happened at her school, but they have always been very forthcoming for the smaller things that HAVE happened and they act like they care. Heck, showing some compassion and empathy goes a LOOOONG way.

That said...I am a reader of the Texas department of licensing website that lists information on daycare operations including standards, inspections and violations. The two things that come to mind are:
1. Proper supervision-maybe they didn't see what happened BUT these kids are TWO, not five. Sounds like this school may have more kids than they can handle safely if this sort of stuff is going on.

2. Exercising good judgement-I am sorry, but blood and screwed up teeth warrant a call to parents. I don't know how the states guidelines rate injuries but there are standards as to what would warrant contact with parents/emergency personnel and this sounds like one of them.

If it were me personally, I'd be filing a report with the state and looking for another school to take my kid.

I hate to think of that poor little girl going several hours with a swollen lip, bleeding mouth and hurt tooth. I would never take my child back to that daycare. They should have called the parents immediately when the accident happened. I understand accidents do happen and sometimes a teacher just doesn't know what happened because they don't have every child in their sight every second, but they should have called right after it happened. I would take a few days off from work and find new childcare. I hope they don't send her back.

I don't know if it's attorney level phone call time, but I would definitely report them to whatever agency monitors this sort of thing. It may be organized chaos and accidents do happen, but that was an injury, a dental issue - way more than a bump, and the parents should have been called immediately. They are not doing their job, and they blew it off like it was nothing. I'd like to see them wait around if they fell, split their lip, and knocked a tooth loose.

Their butts need to be kicked in some way, and the child needs to be taken out of that daycare.

Good luck to your friends.