Every parent who drops their child off at daycare trusts that staff will keep that child safe. When something goes wrong — a broken bone, a burn, an unexplained injury, or a pattern of neglect — that trust is shattered. I’ve worked with families in Lubbock who had no idea what steps to take after discovering their child had been harmed at daycare. They felt scared, angry, and overwhelmed. This guide is for them, and for any parent in that position right now.
At Malone Injury Lawyers, we handle daycare negligence cases throughout Texas. The information below walks you through exactly what to do — how to report what happened, how the regulatory process works, what legal options you have, and how to pursue compensation.
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How to Report Daycare Negligence in Illinois in Lubbock?
This question comes up frequently, and I want to address it directly: if your child attends daycare in Lubbock, Texas, you report to Texas state agencies, not Illinois. Lubbock is in Texas, so Illinois licensing boards and child protective agencies have no jurisdiction here.
Here is who you contact in Texas:
Texas Health and Human Services (HHS) — Child Care Licensing. This is the primary agency that licenses and regulates daycares in Texas. You can file a complaint online at hhs.texas.gov or call their child care licensing complaint hotline. They investigate licensed facilities for violations of minimum standards, including supervision ratios, safe sleep practices, staff qualifications, and facility safety conditions.
Texas Department of Family and Protective Services (DFPS). If the negligence rises to the level of abuse or neglect of a child, report to DFPS through their statewide intake at 1-800-252-5400. This is a 24-hour line. Under Texas law, certain professionals — teachers, medical staff, and childcare workers — are mandatory reporters, but any person can report suspected child abuse or neglect.
Local Law Enforcement. If your child suffered a physical injury and you believe a crime occurred, contact the Lubbock Police Department. Criminal charges and civil lawsuits can proceed simultaneously.
When you file a complaint with Texas HHS, document everything before you call: dates, times, what your child told you, photos of any injuries, names of staff present, and any written communications from the facility. A complaint with no documentation gets far less traction than one with a clear timeline and evidence. Investigators do follow up, but you strengthen the case considerably when you hand them specifics rather than general concerns.
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How to Report Daycare Negligence?
The process in Texas follows a clear path. Start with Texas HHS Child Care Licensing for regulatory violations. File with DFPS if abuse or neglect is involved. Go to law enforcement if criminal conduct is suspected. These three channels are not mutually exclusive — you can file with all three at the same time.
When I talk with clients, one mistake I see repeatedly is waiting. Parents often try to work things out directly with the daycare director first, which can burn days or weeks while evidence disappears, surveillance footage gets overwritten, and witnesses forget details. Report first. You can still talk to the director afterward, but your formal complaint creates a record that protects your child and others.
Keep copies of everything you submit. Ask for confirmation numbers from HHS. If you call DFPS, write down the date, time, and the name of the person who took your report. These records matter later if you pursue a civil claim.
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How to Get a Teacher Fired from Daycare for Negligence?
Firing a daycare employee is the facility’s decision, not yours — but you have real influence over that outcome through the right channels.
File a formal complaint with Texas HHS naming the specific staff member. Investigators look at individual employees, not just the facility as a whole. If a worker is found to have committed abuse, neglect, or a serious standard violation, they can be placed on the Texas Child Care Licensing Adverse Action Registry, which prevents them from working in licensed childcare settings in Texas.
DFPS maintains a separate registry — the Employee Misconduct Registry — for workers found to have abused or neglected individuals in their care. Being listed on either registry effectively ends a person’s career in Texas childcare.
You can also submit a written complaint directly to the daycare owner or governing board. Put it in writing, describe what happened factually, and request a response. A documented complaint puts the facility on notice. If they fail to act and another child is harmed, that paper trail becomes significant evidence of their knowledge of the problem.
That said, the most direct pressure comes through the licensing investigation process. When HHS finds a violation tied to a specific employee, the facility risks losing its license if it keeps that person on staff. That economic reality often drives termination faster than any direct request from a parent.
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Can You Sue a Daycare for Negligence?
Yes. Under Texas law, a daycare facility owes a duty of care to every child in its custody. When they breach that duty — through inadequate supervision, unsafe conditions, unqualified staff, or failure to follow standard childcare protocols — and a child suffers harm as a result, the facility can be held liable for damages. This is a straightforward personal injury claim under Texas negligence law.
The legal standard, as explained by Cornell Law School’s Legal Information Institute, requires proving four elements: duty, breach, causation, and damages. In daycare cases, duty is almost never disputed — the facility accepted responsibility for your child. Breach is where the facts matter most. Did the staff ratio fall below the minimums required by Texas HHS? Was a child left unsupervised near a hazard? Did a staff member with a prior reported history of misconduct remain employed?
Daycares also carry liability for conditions on the property under premises liability law. A broken piece of playground equipment, a pool or water feature without proper fencing, or a building with known structural hazards can all support a premises liability claim alongside a negligence claim.
One thing I tell clients directly: the fact that an accident happened is not always enough. Texas requires you to show the daycare did something wrong — or failed to do something they were required to do — that caused the injury. Documentation, witness statements, and the results of the HHS investigation all feed into building that proof.
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How to Sue a Daycare for Negligence?
Filing a civil lawsuit against a daycare in Texas follows the standard personal injury litigation process, with a few practical steps specific to these cases.
Step 1: Preserve evidence immediately. Photograph injuries. Get medical records from every visit related to the incident. Save all communications with the daycare. Request any incident reports the facility filed — Texas law requires licensed daycares to document injuries and notify parents.
Step 2: Get a medical evaluation. Even if injuries seem minor, see a doctor. Medical records connect the injury to the incident, and a physician’s findings carry weight that a parent’s description alone does not.
Step 3: Consult a daycare negligence attorney. Before you file anything, talk to a lawyer. The daycare’s insurer will have experienced adjusters handling your claim. You should have experienced counsel on your side. FindLaw and Justia both provide general legal information that can help you understand the process, but they cannot replace a licensed Texas attorney who knows how these cases actually play out in West Texas courts.
Step 4: Investigate and demand. Your attorney will send a demand letter to the daycare and its insurer, request records, and identify all potentially liable parties — which may include the facility owner, a management company, and individual employees.
Step 5: File suit if needed. Most daycare negligence cases in Texas settle before trial. If the insurer refuses a fair offer, your attorney files in the appropriate district court. In Texas, the statute of limitations for personal injury is generally two years from the date of injury, though there are specific rules involving minors — claims on behalf of a child can often be filed within two years of the child’s 18th birthday. Do not rely on that extended window as a reason to delay. Evidence degrades, witnesses move, and surveillance footage is long gone.
The American Bar Association has resources on finding qualified legal representation if you are unsure where to start. Locally, our team handles these cases on contingency — you pay nothing unless we recover for you.
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How to Get a Daycare Refund for Negligence?
Recovering tuition or fees paid to a daycare that harmed your child is a separate matter from a personal injury claim, though the two often overlap.
Your first step is reviewing the enrollment contract. Many daycare contracts include clauses about refunds, termination, and liability. Read them carefully. Some facilities will refund remaining tuition if you withdraw, especially if they want to avoid a formal dispute.
Send a written refund demand to the facility director and, if applicable, the owner. Reference specific dates, the incident, and the amount you want returned. Keep the tone factual — you are not required to threaten a lawsuit in this letter.
If the facility refuses, you have two realistic options: small claims court in Lubbock for amounts under $20,000, or including the tuition reimbursement in a broader civil lawsuit. When we file a negligence claim for a client, we include economic damages — and prepaid childcare fees you never benefited from because your child was harmed fall into that category.
Texas also has consumer protection laws that may apply if the daycare made material misrepresentations about their services, safety record, or staff qualifications. The Texas Deceptive Trade Practices Act gives consumers meaningful remedies, including the possibility of recovering attorney’s fees. This is worth discussing with a daycare negligence lawyer who knows how Texas courts treat these claims.
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What Damages Can You Recover?
In a successful daycare negligence lawsuit in Texas, recoverable damages typically include medical expenses — past and future — pain and suffering, mental anguish, and in severe cases, permanent impairment or disfigurement. If a child’s injuries require ongoing therapy or specialized care, those projected future costs are part of the claim.
In the most tragic cases, when a child dies as a result of daycare negligence, families have a wrongful death claim under Texas law. These cases are among the hardest we handle, and the families deserve a team that takes every aspect of the case seriously.
Punitive damages, called exemplary damages in Texas, are available in cases where the defendant’s conduct was malicious, fraudulent, or grossly negligent. If a daycare knew a staff member had a history of abusing children and kept them employed anyway, that knowledge supports an exemplary damages argument.
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What to Look for in a Daycare Negligence Attorney?
Not every personal injury attorney handles daycare cases regularly. These claims involve specific regulatory knowledge — Texas HHS minimum standards, staff ratio requirements, safe sleep regulations, and background check requirements for childcare employees. An attorney who knows that framework can identify violations quickly and build a stronger case.
Experience with insurance negotiations matters, too. Daycare facilities typically carry general liability and sometimes abuse and molestation coverage. The two policies may be handled separately, and knowing which policy applies — and how to move between them — affects your outcome.
Our Lubbock office handles daycare negligence cases throughout West Texas. We offer free consultations with no obligation. If we take your case, we work on contingency.
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Take Action Now
If your child was hurt at a Lubbock daycare, the steps you take in the first few days matter more than most people realize. Report to Texas HHS and DFPS, get medical care documented, and photograph every injury. Then call an attorney before you sign anything the daycare or their insurer puts in front of you.
Malone Injury Lawyers is ready to review your case. You can reach us by phone at (806)-642-6001, contact us online to schedule a free consultation, or visit our office at 3206 140th St #200, Lubbock, TX 79423, United States. We serve families throughout Lubbock and across Texas, and we do not charge a fee unless we win your case.
Your child deserved to be safe. If they were not, you have options — and we can help you use them.
Written by Valeri Malone
