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Top 5 Signs of Daycare Negligence Parents Should Watch for in Austin, Texas

As parents, we do everything we can to keep our children safe, but we can’t be with them every minute of the day. That’s why choosing a daycare is one of a family's most important decisions. We understand better than anyone that you expect these facilities to be safe, nurturing spaces where our children are cared for with kindness and attention. Unfortunately, that’s not always the case.

At Bivona Law Firm, we’ve worked with families across Texas, including right here in Austin, who discovered too late that their child’s daycare wasn’t living up to its promises. Often, the signs of negligence are subtle at first. You may feel something “just isn’t right,” but not know exactly what to look for. We're here to help you trust those instincts and recognize the red flags before serious harm occurs.

If you suspect something’s wrong at your child’s daycare, these five warning signs can help determine whether it's time to dig deeper, ask questions, or take legal action.

 

1. Unexplained Injuries or Frequent Accidents

Scrapes and bruises happen all the time with kids, that isn't uncommon, but consistent or serious injuries without proper explanation are a major red flag. If staff can’t give a clear answer about how an injury occurred, or if your child seems afraid to talk about it, don’t brush it off.

In many cases we’ve handled, these early injuries were the first sign that children were being left unsupervised or put in dangerous environments.

 

2. Staff Avoid Questions or Seem Defensive

Good daycare providers welcome communication. If you’re met with hostility, vague answers, or inconsistent explanations when you ask about your child’s day, it's a cause for concern. Transparency is a key part of trust, and its absence can indicate that something is being hidden.

It is important to start documenting these interactions, especially if unexplained injuries accompany them.

 

3. Changes in Your Child’s Behavior or Emotional State

Children don’t always have the words to explain abuse or neglect, but they often show it in other ways. Watch for: Sudden anxiety or fear at drop-off Aggression, withdrawal, or regression (bedwetting, thumb sucking, etc.) Nightmares or sleep disturbances These can be emotional responses to trauma, neglect, or even witnessing unsafe behavior at the daycare.

 

4. Understaffed or Overcrowded Conditions

In Texas, strict staff-to-child ratios are required by law. Too few caregivers or chaotic environments can lead to accidents, missed medical needs, or worse. If drop-off or pickup feels rushed, disorganized, or unmonitored, your child may not get the needed attention. We suggest regularly checking the number of staff in your child's daycare, and reporting it if it doesn't meet the legal requirements.

 

5. Dirty or Unsafe Conditions

Daycares are required to maintain a clean, hazard-free space. Signs of poor sanitation (dirty bathrooms or unwashed hands) or physical hazards (broken toys, unsecured gates, peeling paint) can indicate larger safety violations and a lack of care or oversight. If you notice a hazard you are concerned about, you should report it to the facility and document it.

 

Trust Your Gut and Act When Needed

As parents, we know how hard it is to balance work, life, and the constant worry about whether our child is truly safe. At Bivona Law Firm, we’ve stood beside families in Austin, Texas, who trusted their instincts and uncovered the truth about negligent childcare.

If you see any of these warning signs in your Austin-area daycare, don’t wait. Document everything, ask questions, and if something feels wrong, it probably is. If your child has been injured or mistreated, we’re here to help you take the next steps in pursuing justice.

Call us today for a free, confidential consultation. We’ll listen, explain your options, and fight to protect what matters most: your child’s safety and peace of mind.



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Waco, Texas 

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Corpus Christi, Texas 

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(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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