Child Wrongful Death is Far Too Common in Texas Daycare Facilities

June 3rd, 2019 by Guajardo & Marks, LLP

A recent report by the Texas Tribune found that almost 90 children in Texas died in daycare facilities in the past 10 years. Also, more than 450 children were sexually abused. The children who died passed away from abuse and neglect. These types of incidents are leading to many wrongful death lawsuits across Texas.

After this shocking report was released earlier this month, Texas Gov. Greg Abbott promised to address daycare safety during the next legislative session in Austin.

The Austin American-Statesman reported that Shawna Diaz, whose three-month-old son passed away in a Houston daycare in 2016, is working closely with state Rep. Ana Hernandez, D-Houston, on state legislation that would mandate cameras in every child care facility in Texas. But many people are uncomfortable with cameras; they say that some parents do not like the idea of other parents having access to a video feed of their children in a daycare facility. And some child care workers do not like constant surveillance as it feels as if it is more pressure on them.

State Sen. Judith Zaffirini intends to file a bill like the one that she and ex-state Rep. Linda Koop filed during the last session to require a Texas-wide study that would determine whether the staff-to-child ratios in Texas daycare facilities lead to a dangerous child-care reality.

Zaffirini told the Statesman that by giving this important data regarding staff-to-child ratios and injuries at daycare centers across Texas, the bill would allow legislators to make better decisions about the problem.

The Statesman investigation found that many child care centers in the state are doing business under the radar. There has been a crackdown in Texas on illegal daycare centers, which have much higher rates of injury and neglect than those that have been properly registered with the state.

The report targeted other possible solutions for the daycare problem. For example, a professor of early childhood education at Texas A&M University said he wants all child care facilities to have liability insurance, no matter how small the business is. More than just assisting parents to handle the costs of injury or death of their child, the professor said these insurance companies could demand more safety features, such as added fencing or restrictions on pets.

Was Your Child Killed in a Daycare Facility? Call Guajardo & Marks Today.

Losing a child is one of the most devastating things a parent can ever go through. It is even worse if you have left your child in the care of a daycare facility and the child passes away due to negligence on the part of daycare staff. Please know that you have legal options if it can be shown that the daycare facility was negligent or reckless. You could hire a wrongful death attorney to attempt to recover compensation for your devastating loss. Please contact us today at Guajardo & Marks law firm for a free consultation.