Daycare Injuries and Abuse

Many working parents have to place their children in daycare programs. They trust these providers with their children’s health, happiness, and safety. Unfortunately, many children suffer from abuse and neglect in daycare centers in Minnesota.

While the police and state prosecutors may bring criminal charges against a negligent or abusive daycare operator, you could pursue compensation and justice for your family.

OFT Food Safety & Injury Lawyers help your family recover financial compensation and justice so that you may rebuild your lives.

Types of Daycare Injuries and Abuse

While some daycare providers offer excellent care, others do not. There are many kinds of abuse in daycare centers throughout Minnesota, including:

• Medical neglect
• Emotional abuse
• Physical abuse
• Neglect
• Sexual abuse

Daycare abuse and neglect are often unreported because young victims fear retaliation from their abusers.

Devastating Injuries in Daycare Abuse Cases

Children have been subjected to various types of injuries in these daycare facilities as well. Some common injuries we’ve seen in instances of daycare injuries and abuse include:

• Head injuries
• Traumatic brain damage
• Paralysis
• Loss of limbs
• Third-degree burns
• Broken or fractured bones
• Playground injuries
• Lacerations that become septic
• Organ failure
• Death

Negligent daycare operators or centers that turn a blind eye to child abuse and neglect must be held accountable.

Fault for Daycare Injuries and Abuse in Minnesota

Someone caused your child’s injuries at their daycare center. Our attorneys identify all liable parties, including:

• Daycare owners
• Daycare operators
• Daycare staff
• Third-party, such as a parent company that owns the daycare facility

Daycare centers have a duty of care to their young clients and their families. When this duty of care is breached, they can and should be held accountable.

Liability Insurance May Not Cover Damages

These facilities should carry liability insurance to cover your child’s medical care for both physical and emotional injuries. However, you could have expenses that exceed the insurance policy limits or are not covered.

A daycare injury lawyer can help you seek maximum compensation from an insurance claim or a personal injury lawsuit.

Damages You Could Recover in Your Daycare Injury and Abuse Claim

When your child suffers daycare abuse, your family may have suffered in more ways than one. Many children experience emotional trauma that requires professional counseling.

Your attorney determines a value for the current and future damages that you could recover, including:

• Physical pain
• Emotional distress
• Costs of mental health counseling
• Costs of medical expenses and equipment
• Future medical care costs
• Costs of switching daycare facilities
• Lost income
• Your child’s diminished earning capacity
• Your child’s lost quality of life
• Skin scarring

It is your right to seek compensation when a daycare facility fails to uphold its required duties and obligations. You may pursue money damages regardless of any separate criminal charges or investigations.

Daycare Laws and Regulations

To operate a safe and secure Minnesota Daycare, facilities and their staff must follow the many regulations set forth by the Minnesota Department of Human Services. The list is comprehensive; however, understanding the level of care your child deserves can go a long way in protecting their rights.

When a daycare fails to uphold these rules, and your child is hurt directly due to their negligence, you might have grounds to sue for all you lost, including your child’s emotional and physical damages.

General Requirements

With an extensive list of laws governing daycare centers, let’s first break down the most general responsibilities of a competent daycare. These include the following:

• Ensuring children are shown acceptable behavior
• Tailoring care to meet the specific developmental needs of the children under the facility’s supervision
• Redirecting problem behavior to reduce conflict
• Teaching kids healthy alternatives to negative behavior
• Protecting the safety of both the children and staff members
• Establishing consequences for a child’s unacceptable behavior

In addition to these general requirements, daycare staff must all hold a license that permits them to be legally responsible for a child’s care. Minnesota does, however, have exceptions to this rule.

Staff-to-Child Ratios

A daycare facility must also maintain the appropriate staff-to-child ratio at all times. These ratios are different depending on each age group and are as follows:

• Infant– one staff for every four children; eight max
• Toddler – one staff for every seven children; 14 max
• Preschooler – one staff for every ten children; 20 max
• School-age child – one staff for every 15 children; 30 max

Background Checks

 All caregivers who intend to work in a daycare must submit to a background check. According to ChildCare.gov, this check includes the following:

• FBI fingerprint check
• National and State sex offender registry check
• A search of registries, repositories, and databases in the state where the childcare staff member lives and each state they’ve lived in for the past five years
• A search of the state criminal registry
• State-based child abuse and neglect registry

Restrictions for Disciplining Children

Daycare facilities are under strict regulations regarding disciplining children in their care. Facilities must have policies to address the appropriate actions staff members must take to correct problem behavior.

Under no circumstances are staff allowed to do the following:

• Corporal Punishment – This involves shoving, shaking, slapping, kicking, biting, pinching, hitting, or even spanking children.
• Emotional Stress ­– This involves any name-calling, shaming, bad-mouthing a child or their family, or otherwise threatening, intimidating, or frightening a child.

It’s vital to report any signs of abuse or neglect immediately. The longer you wait, the harder it is to collect evidence for your claim, and the more your child will be harmed.

Day Care Abuse Resources for Families in Minneapolis

When your child has been seriously injured or abused in a Minneapolis daycare, you may need help. Here is a list of the top resources for families suffering from daycare abuse or neglect.

Emergency Rooms and Urgent Care Facilities

Hennepin County Medical Center Emergency Room
900 S 8th St.
Minneapolis, MN 55415
612-873-6963

University of Minnesota Medical Center East Bank Emergency Room
500 SE Harvard St.
Minneapolis, MN 55455
612-273-2700

HealthPartners Urgent Care Minneapolis Nokomis
4730 Chicago Ave.
Minneapolis, MN 55407
952-853-8800

Allina Health Urgent Care – Greenway
3270 W Lake St. Suite 3264
Minneapolis, MN 55416
612-775-1800

Mental Health Counseling

Washburn Center For Children
1100 Glenwood Ave.
Minneapolis, MN 55405
612-871-1454

CARE Counseling Minneapolis
2000 Aldrich Ave. S
Minneapolis, MN 55405
612-223-8898

Ellie Family Services
2125 E Hennepin Ave., UNIT 100
Minneapolis, MN 55413
651-313-8080

Was Your Child Injured at Daycare? Contact Our Daycare Injury Lawyers Today

If your child has suffered a severe injury, illness, or abuse at their daycare facility make sure you protect yourself and your family with help from an experienced daycare injury attorney with OFT Food Safety & Injury Lawyers.

Get a free, no-obligation case review. Our daycare injury lawyers help wronged families across Minneapolis and the state of Minnesota. Call 888-828-7087 or use our online contact form. The sooner you contact OFT Food Safety & Injury Lawyers, the faster we can pursue compensation and justice for your family.