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(832) 219-1621Daycare facilities in Tomball, Texas, carry the important responsibility of safeguarding the health and safety of children in their care. Unfortunately, instances of injury and abuse still occur, raising concerns for both parents and state regulators.
The Texas Department of Family and Protective Services (DFPS), under the Texas Health and Human Services Commission (HHSC), enforces strict standards for licensed daycare centers as outlined in Chapter 746 of the Texas Administrative Code. These regulations specify minimum caregiver-to-child ratios to ensure each child receives proper supervision.
The required ratios are as follows:
Infants (0–17 months): 1 caregiver per 4 infants
Toddlers (18–23 months): 1 caregiver per 5 children
2-year-olds: 1 caregiver per 11 children
3-year-olds: 1 caregiver per 15 children
4-year-olds and older: Ratios gradually increase, reaching up to 1 caregiver per 26 children for those aged six and above
These ratios ensure caregivers actively observe and listen to the children, step in to prevent harm when needed, and stay focused without distractions.
Additional safeguards apply for aquatic activities involving pools deeper than two feet. If four or more children are present, a minimum of two caregivers is required, with the supervision ratio depending on the age of the youngest child present.
Playground safety is a critical component of childcare in Texas. DFPS mandates, detailed in Chapter 746, require daycare providers to maintain safe, well-supervised play areas.
Key safety standards include:
Equipment Safety: All playground equipment must be free from sharp edges, pinch points, and crush hazards. Surfaces must provide adequate cushioning to minimize injuries from falls.
Maintenance: Playgrounds must be routinely inspected to identify and correct hazards such as broken parts, rusted hardware, or protruding objects.
Supervision: Caregivers must continuously monitor children during outdoor playtime to prevent accidents or inappropriate conduct.
Common issues uncovered during inspections include insufficient cushioning beneath climbing structures, unsupervised children on playgrounds, and small items that could pose choking risks. A notable 2015 MySanAntonio.com report exposed recurring safety violations at several Texas daycare facilities, including incidents where children were left unattended or injured due to poor staff judgment.
Many daycare providers in Texas require parents to sign liability waivers. These documents aim to protect the facility from legal claims related to injuries. However, their enforceability is complex under Texas law.
Negligence vs. Gross Negligence: While waivers may cover claims of ordinary negligence (such as minor accidents), they typically do not shield facilities from liability involving gross negligence, abuse, or reckless misconduct. Gross negligence involves actions taken with extreme disregard for safety.
Public Policy Considerations: Courts often invalidate waivers that conflict with public policy—especially when vulnerable groups like children are involved.
Legal Duties and State Standards: Texas law enforces minimum safety standards that cannot be waived. For instance, violations of supervision ratios or failure to maintain safe environments can still lead to legal liability, regardless of any signed waiver.
Legal experts caution that while these waivers may reduce certain types of claims, they do not offer blanket protection—especially in severe cases involving injury, neglect, or abuse.
Several recent incidents illustrate the importance of strict safety protocols and vigilant supervision:
YMCA of Central Texas Lawsuit: Allegations surfaced involving physical mistreatment of children at a YMCA daycare. Caregivers were accused of hitting and grabbing children, violating DFPS rules. The case settled after public scrutiny highlighted issues with staff training and oversight.
2024 San Antonio Incident: A child sustained a serious playground injury due to inadequate supervision and faulty equipment. Investigators cited the daycare for multiple violations, including being understaffed and failing to maintain equipment. The case prompted public calls for stricter enforcement.
Other Notable Cases: A daycare in Mineral Wells saw a child injured when a caregiver yanked a toy, causing a head injury. In Forney, another facility was investigated after a caregiver harshly yelled at and grabbed a toddler. These cases demonstrate the ongoing need for vigilance in protecting children’s safety.
If your child has suffered from neglect, abuse, or injury at a daycare, contact Bivona Law Firm for experienced legal support.
Our attorneys focus exclusively on daycare injury law. We are passionate about holding negligent childcare providers accountable and ensuring families receive the justice they deserve. At Bivona Law Firm, we combine legal knowledge with compassion—fighting for your child’s safety every step of the way.
