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Daycare Abuse

Daycare Abuse

It is difficult to make the decision to enlist your child in daycare. However, most of us do so with the understanding that our children will be taken care of with the utmost safety, caution, and nurturing throughout the day. It is therefore extremely upsetting to discover that not only were our children subject to lack of these principles, but they were in fact subject to abuse at the hands of daycare employees. It is important to remember during these initial moments that you are not the guilty party in these circumstances. The daycare and daycare employees should be held criminally and financially responsible for all instances of abuse which your children suffered.


Daycare abuse can take many forms, but often involves the psychological or physical mistreatment of your child by a daycare employee. This can include:

  • Yelling at your child
  • Pushing, pulling, hitting, or other inappropriate touching of your child
  • Forcing children to inappropriately touch each other
  • Promoting bullying of one child by another

However, it is equally important to understand that daycare abuse can involve the emotional abuse of your child as well, without any outward signs of physical abuse. Emotional abuse can be difficult to pinpoint, although it is just as harmful to a child’s well-being as physical abuse.

It is important to recognize the warning signs of daycare abuse from the onset so your children do not suffer more than they need to. Any change in personality or attitude in your young child should be carefully watched, including outward manifestations such as:

  • Bed wetting
  • Nightmares
  • Increased tantrums

While every child goes through changes in their attitude as they grow older, many severe mood and personality changes could be a sign of something that is occurring during the day.


Many types of daycare abuse could rise to the level of criminal charges. While criminal charges and potential convictions will ensure that no other child is subject to this type of abuse, it does not directly compensate your family for the abuse which took place. You are entitled to bring a claim for damages in civil court at the same time as criminal charges are pending. Additionally, civil court charges have a lower burden of proof. Therefore, while a defendant must be found guilty “beyond a reasonable doubt” in criminal court, a claimant in a civil lawsuit must only be found guilty “by a preponderance of the evidence” which is a lower burden.

Civil claims will hold the abuser financially liable for their actions. The claim itself will often include damages for medical expenses (in the case of both physical and emotional abuse), and further emotional damages caused by the abuse. An experienced daycare abuse attorney will assist you in determining the amount of damages you are entitled to claim as a result of the abuse.


If your child has been the victim of daycare abuse, do not hesitate to contact Tony Malley of the Malley Law Firm. Tony Malley is a family man and understands the absolute terror and outrage which come after discovering your children were subjected to abuse at their daycare. He will work closely with you to ensure that the appropriate parties are held responsible for their actions. Contact our Houston or Beaumont offices today for your initial free consultation.



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