Daycare Abuse and Neglect

For any parent, the thought of their child being abused or neglected while in daycare is unimaginable. Yet, these incidents occur more often than many realize. Vulnerable children, especially infants and toddlers, may be unable to communicate the abuse they experience, leaving parents to discover warning signs only after physical or emotional harm has occurred. At The Law Offices of John Day, P.C., we represent families in Nashville, Davidson County, Brentwood, Murfreesboro, and across Middle Tennessee whose children have been victims of daycare abuse or neglect. We understand the pain, anger, and urgency that follow when a child has been harmed, and we are here to help families take immediate and meaningful action.

Daycare abuse and neglect cases require not only strong legal skills but also deep compassion and a commitment to protecting children. If you suspect your child has been harmed in a daycare setting, contact our office at (615) 742-4880 for a confidential and free consultation.

Legal Protections for Children in Tennessee Daycares

Daycare facilities in Tennessee are required to comply with state laws that are designed to protect the health, safety, and well-being of children in their care. These requirements are found in Tennessee Code Annotated § 71-3-501 through § 71-3-531, which regulate licensed child care agencies and set standards for staffing, facility safety, discipline, and caregiver conduct. The Tennessee Department of Human Services (DHS) is responsible for licensing and monitoring child care centers and for enforcing these regulations.

Importantly, all daycare workers are considered mandatory reporters. This means they are legally obligated to report any suspected child abuse or neglect to the Department of Children’s Services (DCS) or local law enforcement. Failure to do so is not only a breach of professional duty but may also result in criminal prosecution.

When a facility or caregiver fails to comply with these obligations—either by actively harming a child or by failing to prevent harm—civil liability may follow. In many cases, these failures also constitute violations of criminal law under Tennessee Code Annotated § 39-15-401 (child abuse and neglect) or § 39-13-504 (sexual contact by authority figures), depending on the nature of the misconduct.

What Constitutes Abuse or Neglect in a Daycare Setting

Abuse in daycare settings can take many forms. Physical abuse may include hitting, slapping, shaking, pushing, pinching, or using any form of corporal punishment. These actions are strictly prohibited by law and by state licensing rules. Even a single instance of physical aggression by a caregiver can have traumatic and long-lasting effects on a child.

Emotional abuse includes shouting, belittling, isolating, threatening, or intimidating a child. These behaviors may not leave visible scars but can deeply affect a child’s sense of safety and emotional development. Emotional abuse often occurs when facilities fail to train staff properly or ignore clear red flags in employee conduct.

Sexual abuse is one of the most serious and disturbing forms of harm that can occur in a daycare. This may involve inappropriate touching, exposure to sexual content, or any form of sexual exploitation. In these cases, caregivers or facility staff may be prosecuted under criminal statutes and may also face extensive civil liability for the harm caused.

Neglect involves the failure to meet a child’s basic needs, such as adequate supervision, proper nutrition, hygiene, or medical care. Leaving children unattended, ignoring their cries for help, failing to change diapers, or denying access to food and water are all forms of actionable neglect. Children may also be harmed if they are allowed to wander away from the facility, suffer dehydration or heat exposure, or go without necessary medication or medical attention.

Signs That May Indicate Abuse or Neglect

Children may not always be able to articulate abuse, especially if they are very young, fearful, or have been threatened into silence. That is why parents and guardians must remain alert to signs that something is wrong. These may include unexplained bruises, cuts, or burns; withdrawal or changes in mood; clinginess or fearfulness around certain caregivers; sudden regression such as bedwetting or loss of speech; fear of going to daycare; or behavioral outbursts following attendance.

Physical signs may also include weight loss, poor hygiene, soiled clothing, or diaper rash that is left untreated. In cases involving sexual abuse, parents may observe genital irritation, age-inappropriate sexual knowledge, or disclosures during play or in conversations with other children.

While one isolated incident may not always indicate abuse, repeated injuries, vague or conflicting explanations from daycare staff, or consistent emotional distress after daycare visits should prompt an immediate investigation.

Investigating Abuse and Building a Case

If you suspect your child has been abused or neglected at daycare, the first step is to seek immediate medical evaluation. Medical professionals can identify and document physical injuries, assess whether abuse is suspected, and refer families for additional resources such as child advocacy centers or mental health professionals.

Parents should also file a report with Tennessee’s Child Abuse Hotline. Reports can also be made to local law enforcement and the Tennessee Department of Human Services. These agencies will conduct investigations, and in some cases, law enforcement may pursue criminal charges.

In parallel, families should consult with a qualified attorney who can preserve evidence, obtain daycare records, review surveillance footage, and identify whether the facility has a history of prior violations or complaints. At The Law Offices of John Day, P.C., we take immediate action to investigate the facts, protect the child, and hold all responsible parties legally accountable. This may include the individual perpetrator, facility managers, and even corporate owners who failed to properly screen or supervise employees.

We often consult with pediatricians, psychologists, forensic interviewers, and safety experts to build strong, evidence-based cases that withstand scrutiny in court. Our goal is not only to recover compensation for the harm suffered but also to bring lasting change to prevent future abuse.

Liability and Legal Theories in Daycare Abuse Cases

Most daycare abuse and neglect cases involve a claim for negligence—meaning the facility failed to exercise reasonable care in protecting the child. In many cases, this includes negligent hiring, negligent training, or negligent supervision of staff. Tennessee law allows claims against both the individual wrongdoer and the company or organization responsible for their oversight.

If a daycare facility violated licensing standards or criminal statutes, a claim for negligence per se may apply. This means the legal duty and breach are presumed, leaving only causation and damages to be proven. This is especially useful in cases where the facility failed to perform background checks, ignored prior warnings, or hired someone with a disqualifying criminal record.

In extreme cases, where abuse was intentional or involved malicious conduct, additional claims such as battery, intentional infliction of emotional distress, or civil assault may apply. In wrongful death cases involving fatal injuries, families may pursue a claim under T.C.A. § 20-5-106 to recover for funeral expenses, loss of consortium, and emotional anguish.

Damages Recoverable in Abuse and Neglect Cases

The impact of daycare abuse and neglect on a child can be profound. Tennessee law allows victims to recover compensation for a wide range of damages. These include medical expenses, psychological counseling, pain and suffering, and loss of enjoyment of life. In cases of permanent injury or trauma, damages may also include long-term therapy costs and vocational support.

Parents may recover for the costs they incur in treating their child, as well as loss of wages if they are required to miss work to care for the child. In certain cases, punitive damages may be awarded under T.C.A. § 29-39-104 to punish egregious or intentional conduct and deter similar wrongdoing by others.

Importantly, damages are calculated based on both the present harm and future implications of the abuse. At The Law Offices of John Day, P.C., we often work with life care planners, therapists, and financial experts to ensure every dimension of the child’s injury is fully understood and accounted for in any settlement or trial.

What to Do If You Suspect Daycare Abuse

If you believe your child is being abused or neglected at daycare, trust your instincts and act quickly. Seek medical attention to document injuries, even if they appear minor. Report your concerns to local law enforcement and to the Tennessee Department of Children’s Services or DHS licensing authorities. Maintain records of all communications, including texts, emails, or conversations with staff members.

Ask for an incident report and a copy of any surveillance footage, if available. Photograph any visible injuries and document your child’s statements or behavior changes. Avoid confronting the suspected abuser directly and do not sign any waivers or settlement agreements without speaking to an attorney.

Our firm will handle communications with all involved parties, including government agencies, insurance companies, and facility representatives. We act immediately to protect the child and to ensure that no evidence is lost or overlooked.

Why Families Trust The Law Offices of John Day, P.C.

Our firm brings decades of experience to complex and emotionally sensitive cases involving children. With offices in Nashville, Brentwood, and Murfreesboro, we are positioned to assist families throughout Davidson County and Middle Tennessee. We understand how devastating it is to discover that your child has been harmed by someone you trusted.

We take cases on a contingency fee basis, meaning you owe no attorney’s fees unless we obtain compensation for your family. We also advance all case-related expenses, so you can focus on your child’s well-being rather than the cost of legal representation. Our team includes a full-time nurse and works with respected medical and child psychology professionals to fully understand the physical and emotional consequences of abuse.

We are committed not only to achieving justice for your family but also to improving safety standards across Tennessee child care facilities.

Contact Us Today

If your child has been harmed through abuse or neglect in a daycare facility, call The Law Offices of John Day, P.C. at (615) 742-4880. We offer free, confidential consultations and will guide you through your legal options. We serve families throughout Nashville, Davidson County, Brentwood, Murfreesboro, and all of Middle Tennessee. Let us help you protect your child, hold wrongdoers accountable, and bring healing and justice to your family.