10 Warning Signs of Day Care Negligence

Is Your Child’s Texas Day Care Safe? Here’s How to Find Out.

Leaving your child in the care of someone else isn’t easy. You trust the staff to provide a safe, loving, and structured environment while you’re at work. But what if that trust is being broken?

Neglect in day cares isn’t always obvious. It doesn’t always mean outright abuse—it could be something as subtle as a lack of supervision, poor hygiene, or an unsafe environment. Small signs can add up to big problems.

As a Dallas day care negligence attorney, Aaron Genthe of Genthe Law Firm has seen too many families discover the truth only after their child was harmed. The good news? You can spot red flags before it gets to that point. Here’s what to look for—and what you can do about it.

1. Your Child Has Unexplained Bruises or Injuries

Scraped knees happen, but a responsible day care should be able to tell you what happened and when. If your child comes home with frequent or unexplained bruises, cuts, or burns and staff members shrug it off—or worse, try to cover it up—that’s a major warning sign.

👉 What You Can Do: Ask for an incident report every time your child gets hurt. If they can’t provide one or seem evasive, it’s time to dig deeper.

Texas law requires day cares to report injuries to parents. Failing to do so can be considered negligence and may open the door for legal action.

2. Your Child Is Always Sick (And the Facility Looks Dirty)

Colds and sniffles are normal, but if your child is always sick and the day care looks grimy, the facility may not be following proper hygiene practices. Dirty toys, unsanitized changing stations, and improper handwashing spread germs fast.

👉 What You Can Do: Drop in unexpectedly. Do staff wash their hands? Are the floors and bathrooms clean? If not, speak up.

Texas Child Care Licensing Standards require strict sanitation rules. A facility that doesn’t meet them could be fined—or shut down.

3. Your Child Starts Acting Differently

A child who suddenly becomes withdrawn, anxious, or aggressive may be reacting to stress, fear, or mistreatment. If they refuse to go to day care, have nightmares, or act fearful around certain caregivers, pay attention.

👉 What You Can Do: Ask your child open-ended questions. “Who did you play with today?” or “Did anything make you feel sad?” Keep an eye on behavior changes.

Texas law protects children from emotional and physical abuse. If a day care is mistreating a child, parents have the right to take legal action.

4. The Staff Looks Overwhelmed or Distracted

A quality day care should have enough caregivers to give children the attention they need. If staff members look exhausted, distracted, or constantly juggling too many kids at once, your child might not be getting the supervision they deserve.

👉 What You Can Do: Ask about staff-to-child ratios. If they’re stretched too thin, safety is at risk.

Texas has strict child-to-staff ratio laws for day care facilities. If they’re violating those standards, they could be legally liable for injuries that occur.

5. The Environment Feels Unsafe

A quick glance around the day care can tell you a lot. Are there broken toys? Loose wires? Unsecured exits? A lack of emergency procedures? An unsafe environment is a huge red flag.

👉 What You Can Do: Check for first-aid kits, fire extinguishers, and secure entry points. If anything feels off, ask questions.

Day care providers are required by law to maintain a safe, hazard-free environment. If a facility fails to do so, they can be held responsible for any injuries that happen as a result.

6. The Day Care Avoids Talking to You

A good day care keeps parents in the loop. If staff members seem secretive, avoid answering questions, or dismiss concerns, that’s a problem. Lack of communication often signals bigger issues behind the scenes.

👉 What You Can Do: Ask specific questions about your child’s day. If you’re met with vague responses or resistance, it’s time to reconsider your options.

Under Texas licensing rules, day cares must provide parents with updates on their child’s care and any incidents that occur.

7. Your Child Is Punished Harshly

Discipline should be fair and appropriate for a child’s age. If your child mentions being put in time-out for long periods, yelled at, or isolated from the group, it could mean the day care is using extreme or inappropriate punishment.

👉 What You Can Do: Ask your child how discipline is handled. If their answers concern you, bring it up with the staff—or report it.

Texas strictly prohibits excessive punishment, including long periods of isolation, verbal abuse, and any form of physical discipline.

8. The Day Care Has High Staff Turnover

A revolving door of employees is never a good sign. It often means poor management, low wages, or even staff members quitting after witnessing mistreatment.

👉 What You Can Do: Ask how long caregivers have been working there. If employees seem to come and go quickly, consider finding a more stable facility.

Texas requires background checks and training for child care employees. Constant turnover can indicate a failure to meet hiring standards.

9. Your Child Comes Home Hungry or Thirsty

If your child constantly comes home starving or dehydrated, they may not be receiving proper meals or snacks. Malnutrition can seriously impact a child’s growth and development.

👉 What You Can Do: Request a meal schedule and check if your child is eating at day care. If they’re always hungry, investigate further.

Texas day care providers must follow state-mandated nutrition guidelines (pdf). If they aren’t providing adequate meals, they could face penalties.

10. Your Child Seems Neglected

If your child looks tired, unkempt, or emotionally detached after day care, something is wrong. A lack of supervision, affection, or basic care can leave lasting scars on a child’s well-being.

👉 What You Can Do: Look for signs of neglect like unchanged diapers, excessive fatigue, or emotional withdrawal. Trust your instincts.

Neglect is legally considered child abuse. Parents have the right to report concerns and take legal action against negligent facilities.

What You Can Do If You Suspect Day Care Negligence

If something doesn’t feel right, don’t wait for things to get worse. Here’s what to do next:

✅ Document everything. Keep a record of injuries, behavioral changes, and concerning incidents.
✅ Talk to other parents. If others have noticed similar problems, you’re not alone.
✅ Report it. Contact Texas Child Care Licensing (DFPS) or local authorities if you suspect neglect or abuse.
✅ Get legal help. A day care negligence attorney can guide you through your options and fight for your child’s rights.

Recent Negligence Cases in Texas

These cases highlight the serious consequences of neglect, abuse, and unsafe environments in child care settings. If you suspect negligence, these real-world examples show why it’s important to act quickly.

YMCA of Central Texas Abuse Allegations (2025)

Three families filed a lawsuit against the YMCA of Central Texas, alleging that a day care worker, Geraline Browning, abused their children, aged 2 to 3 years old. Surveillance footage reportedly showed multiple incidents of the caregiver choking and mishandling toddlers.

• Location: Pflugerville, Texas
• Status: Active as of January 28, 2025; criminal charges against the caregiver are pending

Kids ‘R’ Kids Daycare Rough Handling Incident (2024)

A lawsuit was filed against Kids ‘R’ Kids daycare in Conroe after allegations surfaced that caregivers mishandled a toddler by pulling her by the arms and legs and forcefully pushing her onto a nap mat, resulting in injuries.

• Location: Conroe, Texas
• Status: Filed in October 2024; legal proceedings are ongoing

Children’s Courtyard Daycare Abuse Lawsuit (2024)

A South Austin daycare, Children’s Courtyard, faced a lawsuit after parents witnessed abuse on a livestream. This marked the second lawsuit against the facility, highlighting concerns over caregiver safety and negligence.

• Location: South Austin, Texas
• Status: Filed in 2024; legal proceedings are ongoing

Kerrville Daycare Infant Injury Lawsuit (2024)

A mother filed a lawsuit against a Kerrville daycare, alleging that her infant suffered a head injury and fractured clavicle due to negligence. The lawsuit emphasizes the need for accountability in child care settings.

• Location: Kerrville, Texas
• Status: Filed in 2024; legal proceedings are ongoing

Punkin’ Doodles Day Care Abuse Allegations (2024)

A daycare worker at Punkin’ Doodles Day Care was arrested for allegedly kicking at least six toddlers over 100 times while they were in her care. Surveillance footage reportedly captured the abuse, leading to multiple charges against the caregiver.

• Location: Lindale, Texas
• Status: As of November 30, 2024, the caregiver was in custody, and legal proceedings were ongoing

Excelled Montessori Preschool Fatal Crash Lawsuit (2024)

A fatal crash at Excelled Montessori Preschool resulted in the deaths of a teacher and a 1-year-old student. Families filed a lawsuit against the driver and the preschool, alleging negligence due to inadequate safety measures.

• Location: San Antonio, Texas
• Status: As of January 2025, legal proceedings were ongoing

San Antonio Botanical Garden Peacock Incident (2023)

A lawsuit was filed against the San Antonio Botanical Garden after a peacock named Kevin pecked two children, causing significant injuries. The suit alleges negligence in controlling the animal, especially during mating season when peacocks can be more aggressive.

• Location: San Antonio, Texas
• Status: Filed in 2023; legal proceedings are ongoing

These cases underscore the importance of vigilance and legal action in child care negligence cases. If you suspect that your child has been harmed due to day care negligence, it’s critical to act quickly to protect their well-being. Attorney Aaron Genthe of Genthe Law Firm is dedicated to holding negligent facilities accountable and ensuring justice for families.

📞 Call Genthe Law Firm today at (214) 957-0898 for a free consultation.

FAQ: Common Questions from Concerned Parents

Can I sue if my child was hurt but the day care says it was an accident?
Yes. If the injury was due to negligence, you may have a case.

What if my child is too young to tell me what happened?
Look for physical signs of neglect (bruises, malnutrition, extreme exhaustion) and behavioral changes.

How long do I have to take legal action?
Texas law sets time limits for filing claims, so don’t wait to get legal advice.

What if the day care is still open despite complaints?
State licensing authorities can investigate and shut down negligent facilities.

Get Help from a Dallas Day Care Negligence Attorney

If you suspect your child has been harmed at day care, Aaron Genthe of Genthe Law Firm is here to help. He understands how devastating these situations can be and will fight to hold negligent day cares accountable.

📞 Call Genthe Law Firm today at (214) 957-0898 for a free consultation. Your child deserves justice.