Can New Caney Daycare Workers Be Held Criminally Responsible for Injuries?

When a parent drops their child off at daycare, there is an unspoken trust that their child will be protected, cared for, and returned safely at the end of the day. For many families in New Caney, that trust is sacred. But when a child is injured due to negligence or mistreatment in a childcare setting, that trust is shattered. At Bivona Law Firm, we understand how devastating these situations can be, and we are here to help you find answers and justice.

A Voice for Children Who Can’t Speak for Themselves

Drew Bivona, founding attorney of Bivona Law Firm, built this practice with a mission rooted in purpose: to be a voice for those who cannot speak for themselves, our children. He is more than a personal injury attorney; he is a fierce advocate for children who have been hurt due to negligence or abuse in settings like daycares, private schools, and other childcare facilities across Texas.

His work is fueled by empathy and guided by the belief that no child should suffer because someone else fails to uphold their duty of care. His clients are families experiencing some of the most painful moments of their lives, and he meets them not only with legal knowledge but with compassion, clarity, and unwavering support.

If your child has been injured while in the care of a New Caney daycare provider, you are not alone. Bivona Law Firm is here to stand beside you and your family, helping you seek the truth, accountability, and ultimately, a path forward.

Do Children Have Legal Rights After an Injury?

Yes. Under Texas law, children have the same legal rights as adults when it comes to personal injury claims. If a child is harmed due to the negligent or intentional actions of a daycare worker, school staff, or other childcare provider, they (through their parents or guardians) can pursue legal action to recover damages.

This might include:

  • Medical bills (past and future)
  • Pain and suffering
  • Emotional distress
  • Long-term disability or therapy costs
  • Loss of enjoyment of life

Children may not be able to articulate what happened or fully grasp the consequences of their injury, but their rights are no less important. In fact, they deserve fierce legal protection. That’s where we come in.

Can Daycare Workers Be Held Criminally Responsible?

In some cases, yes, daycare workers in New Caney and across Texas can be held criminally responsible for injuries to a child if their actions rise to the level of criminal conduct.

This can include:

  • Physical abuse (hitting, shaking, slapping)
  • Sexual abuse or misconduct
  • Reckless endangerment (leaving children unattended, ignoring medical needs)
  • Intentional neglect (failure to provide food, supervision, or hygiene)
  • Violations of state safety regulations that lead to serious injury

If law enforcement or Child Protective Services (CPS) finds evidence of criminal conduct, a daycare worker may face criminal charges such as assault, injury to a child, or criminal negligence. These charges are handled separately from any civil case you may bring, but both are crucial for holding wrongdoers accountable.

At Bivona Law Firm, we can coordinate with investigators, gather critical evidence, and help ensure that the civil process runs in parallel with any criminal proceedings, rather than in competition with them.

Civil vs. Criminal Accountability: What’s the Difference?

It’s essential to understand the distinction between criminal and civil consequences after a daycare injury:

  • Criminal responsibility involves the government prosecuting an individual for violating the law. The goal is punishment (such as jail time or fines).
  • Civil responsibility, on the other hand, involves seeking financial compensation for harm caused. This is where we step in.

Even if a daycare worker is not charged criminally, you may still have a strong civil case if their negligence caused your child’s injury. Our job is to hold all responsible parties accountable, whether that’s an individual caregiver, the facility itself, or both, because justice for your child matters.

How Bivona Law Firm Supports Families After a Child Injury

We understand that the days and weeks following a child’s injury are filled with fear, confusion, and heartbreak. That’s why our first step is always to listen. We offer free consultations, allowing you to discuss your needs with us without any pressure or commitment. Just answers.

If we move forward, we can help with every stage of the legal process:

  1. Investigation: We thoroughly examine what happened. This includes reviewing surveillance footage, medical records, staff logs, state inspection reports, and speaking with witnesses.
  2. Evidence Collection: Preserving evidence quickly is key. Daycare facilities may attempt to hide or alter records. Our team acts fast to ensure critical proof is secured.
  3. Filing a Claim: We will assist you in filing a claim against the responsible party, whether it's an individual employee, the childcare facility, or their insurance provider.
  4. Negotiation or Litigation: We strive to resolve cases efficiently, but never at the expense of justice. If a fair settlement cannot be reached, we are fully prepared to take your case to court.
  5. Ongoing Support: Throughout the process, we provide regular updates, honest advice, and emotional support to ensure a seamless experience. You’ll never have to guess where your case stands.

Why Legal Representation Is Critical

Daycare and school injury cases can be complex. These facilities are often backed by powerful insurance companies with legal teams whose job is to minimize payouts. Trying to face them alone can be overwhelming and unfair.

Having an experienced attorney like Drew Bivona on your side levels the playing field. Drew doesn’t just understand Texas personal injury law. He knows how to navigate the unique emotional and legal challenges that come with child injury cases.

Your family deserves an advocate who cares about more than just the legal outcome. At Bivona Law, we care about your child’s healing, your family’s peace of mind, and your right to justice.

You Are Not Alone in Your Fight

If your child was injured at a daycare, school, or childcare provider in New Caney, we know how heavy your heart feels. The fear. The anger. The helplessness.

Let Bivona Law Firm shoulder some of that weight. We are here to give your child a voice, to bring truth to light, and to help your family move forward with dignity and strength.

You don’t have to navigate this alone. Call us today at (832) 861-7606 for a free consultation and take the first step toward healing.


(713) 360-7596(936) 251-6590
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create and receipt or viewing does not constitute a client relationship.
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