Child abuse is a tough enough topic to discuss—but when it’s your child who suffers the abuse in a child care center, it can be especially challenging to know what to do.
The first step is simply to be able to recognize the abuse. This can be easier said than done as the abuse may not be physical and no injuries may be visible. Abuse takes many forms, including neglect, unsafe conditions or psychological abuse as well as more obvious physical and sexual abuse.
Understanding what to be on the lookout for can help parents and other caregivers identify the abuse or neglect, report it, and seek the appropriate remedies.
Here’s what you need to know about abuse in child care centers in Missouri.
What is considered negligence in child care?
The most common form of abuse in child care centers in Missouri is simply neglectful behavior by staff members or the organization as a whole.
Daycare centers, babysitters, and other child care providers have a legal duty to safeguard the children in their care.
When a child care facility or provider fails to exercise the degree of care that a reasonable person would use in similar circumstances—and the child is harmed as a result—it may constitute child care negligence, where the facility can be held liable for its actions or inaction.
Examples of abuse or negligence in child care in Missouri
Abuse or negligence in child care centers may not always be obvious. Following are some typical examples encountered in Missouri child care facilities:
Inadequate supervision
Sometimes, child care center employees are overworked and cannot adequately monitor and supervise all children in their care. This can lead to avoidable accidents, injuries, bullying or disappearances.
Inadequate supervision can be especially problematic if the child care center is located near swimming pools or roads.
Unsafe or unsanitary conditions
If a daycare facility is not kept in a safe, healthy, and sanitary condition, the children in care may be at risk and can suffer harm.
Common examples include trip-and-fall hazards like broken flooring or unsecured carpeting but there can also be risks from unsecured heavy furniture that could topple over, broken play equipment or cleaning products/medicines that are improperly stored.
Unsanitary health hazards include insect or rodent infestations, a buildup of dirt and dust or unhygienic meal preparation areas.
Dangerous employees
All employees in child care centers should be thoroughly background-checked and qualified/cleared to work with children before being hired.
Sometimes, the facility “drops the ball” and someone without the necessary qualifications or with an abusive background is hired. This is a form of negligence that can have serious consequences for the children in his/her care.
Failure to properly train and supervise daycare staff can also lead to negligence and safety hazards for children.
Unsafe sleep arrangements
Babies left in child care facilities should be supervised by those with the know-how to prevent unsafe conditions and other problems.
For instance, employees should all know how babies should sleep and be aware of the risks associated with Sudden Infant Death Syndrome (SIDS). They should be able to supervise the correct sleeping position and bedding and prevent overheating.
Missouri has even implemented a Safe Sleep Policy to safeguard babies from the risks of SIDS when in care. This may be referred to if questions arise with the care facility.
Lack of emergency preparedness
Child care providers should have emergency plans in place for the inevitable problems that can occur when supervising children.
This includes having adequate fire safety equipment, severe weather or lockdown protocols, well-stocked first aid kits, and staff trained in CPR. If the center’s provisions for emergencies are insufficient, serious or life-threatening consequences can result, especially if prompt medical care cannot be provided to a child.
Neglect of a child’s basic needs
Every child carer is responsible for meeting the child’s basic needs, including food, hydration, shelter, hygiene, and (if necessary) medical care.
Failure to attend to these fundamentals could constitute negligence by a child care center or its employees.
Ignoring injuries or illness
Children injure themselves and get sick—this is normal. Child care centers must recognize when this happens and take the necessary steps to address the sickness or injury or they may be guilty of negligence.
Sometimes, overworked caregivers do not notice the signs or they are too busy to do anything about the child’s condition. This is unacceptable and can result in a negligence claim.
What are signs your child is being neglected at daycare?
The signs of child abuse, mistreatment, and negligence in daycare facilities are often difficult to identify.
Even with physical abuse or sexual abuse, your child may not realize that he/she is being abused or be able to communicate what has happened. Parents should be on the lookout for the following warning signs:
- Unexplained bruises, cuts or burns
- Unusual fearfulness or nervousness
- Changes in eating or sleeping habits
- Frequent crying or nightmares
- Soiling clothing
- Inappropriate sexual knowledge or behavior
- Withdrawn behavior
- Reluctance to go to daycare
Many of the symptoms of neglect or abuse are similar to “growing pains” experienced by children. They do not necessarily mean that your child is being abused—but the signs should not be simply ignored.
How do I prove daycare negligence in Missouri?
If you suspect that the child care facility may be guilty of abuse or negligence and you do not receive the appropriate remedy from the facility, it’s time to seek legal assistance from a knowledgeable and qualified child abuse lawyer.
If you can, document any injuries or behavioral changes and flag these concerns during an initial consultation.
To win a personal injury lawsuit against the daycare facility, your lawyer will need to prove the following:
- The daycare owed your child a duty of care
- The daycare breached this duty
- Your child was harmed as a result
- You incurred damages
Your lawyer will need to prepare a body of supporting evidence to prove negligence. This usually includes incident reports, photos/videos, witness statements, medical bills/records, etc.
Who can I sue if my child is the victim of a daycare injury?
If your child is injured in a daycare center, you may be able to sue the daycare facility itself.
Generally, personal injury lawsuits like these are settled out of court through the relevant insurance companies as going to trial can create unwanted expense and risks.
The bottom line is that when your child enters daycare, you should be able to expect a reasonable standard of safety, supervision, nutrition, activity, and nurturing.
When these standards fall short, it may constitute negligence or abuse by the center—and you may be able to seek legal remedies. The first step is to consult with a lawyer qualified in these types of claims.
If you need legal assistance with a personal injury claim for child care center abuse in the Greater Kansas City area, please contact Noland Law Firm, LLC for a free case evaluation. Call us at (816) 781-5055 or contact us directly online.
