It is an unfortunate fact that those most vulnerable and least able to protect themselves are often those at the highest risk for abuse or neglect. Elderly persons confined to nursing homes, the mentally ill and the retarded, and the very ill are often targets for abuse or the victims of neglect because they are least able to protect themselves. To this list, we can add one more group: children in day care. While the vast majority of day-care facilities and day-care providers are trustworthy and responsible, cases of abuse or neglect, while rare, do occur.

Day Care Abuse and Neglect Preventive Measures

The good news is that such abuse or neglect is usually preventable. Before enrolling a child in day care, be sure to visit the facility. It can be a good idea to drop by without an appointment, so you can see how the center operates when it is not expecting outside visitors. Make sure the facility welcomes parents in all areas, and that it does not have any "no-go" areas. Ask if the center performs criminal background checks on all of its employees and volunteers, and ask if the center screens for other, noncriminal issues such as drug abuse or emotional problems.

Ask the day-care facility how it handles discipline--when children may be disciplined, by whom, and how. Make sure that the children being cared for appear to be relaxed, happy, and engaged in constructive activities such as learning or play.

You may also want to take steps to guard your child against dangers that could occur outside the facility itself. If the facility takes the children on field trips, check to see if the transportation is safe and find out how many adults will accompany the children to insure that everyone returns unharmed.

Find out what the day-care center's policies are about having children picked up at the end of the day, and who will be allowed to claim your child. It is a good idea to identify, in writing, who is allowed to take your child from the facility. Find out what will be done if your child becomes seriously ill while at the day-care facility, and what steps will be taken if the facility cannot get in touch with you immediately.

Check for Day Care Licensing

Check to see that the facility is listed with or licensed by the Texas Department of Protective and Regulatory Services (DPRS). Depending on its size, a day-care center must either be listed with, registered with, or licensed by the DPRS. Although some smaller facilities may not be subject to DPRS inspections, larger ones must be licensed and are regularly inspected to be sure that state standards are being met. Among other things, these regulations require that an appropriate number of adult day-care providers are available to take care of the children. A list of licensed day-care providers in your area is available from the DPRS (toll-free 1-800-862-5252), and you can also get information regarding complaints made against a facility.

Avoid Day Care Abuse

Additional steps should be taken to insure that your child is not the victim of intentional abuse (as opposed to neglect) while he or she is at the day-care facility. When you visit, check to see that the bathrooms do not contain areas where children can be isolated, and find out how the facility handles toileting issues. Approximately two-thirds of all cases of child sexual abuse at day-care facilities occur in the bathroom. Also make sure that children are well supervised during naptime. Day-care providers will sometimes leave the room when the children are sleeping, increasing the opportunities for someone to abuse a child.

It is important that any contact between the children and those not working at the facility is strictly supervised. Abuse often is not the work of the day-care teacher but of those not directly involved in caring for the children, such as bus drivers, janitors, and relatives of those who operate the day-care center. One study suggests that as many as one-third of reported abuse occurs in the hands of the day-care provider's family members who do not actually work for the day-care center.

Keep your eyes open for signs of abuse or neglect. If you suspect that your child has been abused or neglected at a day-care facility, it is important to act promptly. If your child is old enough, try talking with him or her to find out what happened, keeping in mind that children are sometimes not entirely reliable sources of information. You might also contact other parents who use the same day-care facility and ask if they have noticed any of the same signs of abuse or neglect in their children as you have seen in yours. If you still suspect something is wrong, contact the DPRS or, if the matter is very serious and places your child or others in immediate danger, contact the local police.

If the investigation reveals that abuse or neglect has occurred, call our office. We know how important your children are. We will go to work for you to get you everything you deserve under the law, AND to prevent the same problem from happening to someone else.

WARNING SIGNS OF DAY-CARE ABUSE

* Unexplained bruises or other injuries, especially if they are repeated.

* Continued crying before being taken to day care.

* Unusual emotional behavior, ranging from complete emotional withdrawal to being overly "clingy" or extremely fearful.

* Bleeding or bruising around the genitals or asking to wear additional layers of unnecessary clothing to the day-care facility may be a sign of sexual abuse.

* Note that Texas law requires anyone who suspects that a child is being abused to report the suspected abuse to the proper authorities. If the report is made in good faith, the person making the report is not liable if it turns out to be false. The Texas Department of Protective and Regulatory Services' Child Abuse Hotline to report suspected cases of abuse is 1-800-252-5400.

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