THE ROLE OF THE STATE IN A DAYCARE CASE Why the Department of Family and Protective Services Gets Involved
After the unimaginable happened and your child was neglected at daycare, you took the responsible and necessary measures and filed an incident report at the daycare center. Now, you’re surprised to find the Department of Family and Protective Services (DFPS) reaching out to schedule a meeting about the incident. Should you be concerned? THE STATE’S ROLE IN A DAYCARE CASE First of all, know that DFPS is simply following protocol in this situation and you are not under investigation. In Texas, it’s required that a daycare injury is reported to the State. DFPS is trying to collect as much evidence and information as possible from you and from the daycare. Based on those conversations, any available videos, and documents, DFPS will come up with an investigative report that seeks to address all perspectives and details of the incident. This may take anywhere from 15–45 days. You will be sent a letter once it’s concluded, and you can then request to receive all of the investigation materials. Hold onto all of this, as it will be pertinent in any daycare case that follows. WHEN TO HIRE AN ATTORNEY We often get asked by parents if they even need a daycare attorney after they receive a call from the DFPS. If you are receiving a call from DFPS, that means that the police have already been called, an incident report has been filled out, your child is in the process of receiving medical treatment, and the investigation is going deeper.
The simplest way we can answer the question of when to hire an attorney is with this: the earlier, the better. Calling us earlier rather than later is advantageous because we can send preservation letters to the
daycare and anyone involved with your child’s injury. We can get the incident report and reserve all videos and documentation. We can also get witness statements as
soon as possible. Time is of the essence in a daycare case.
For more guidance, turn to our FREE guide, “A Five Step Guide For Parents Dealing With A Daycare Injury.” You can download it instantly, along with our other free guides, at ButtonLawFirm. com/reports.
TAKEAWAYS FROM MY YEAR: BIRTHDAY REVIEW
Last month, I celebrated my birthday with family and friends, which includes my team. My birthday always causes me to pause and reflect on what I’ve learned over the year. Here are three takeaways that stuck out to me. 1. CONTROL WHAT YOU CAN CONTROL We can’t control what people do, but we can control how we react to it. Since I was a kid, I’ve been reminded there are a lot of things outside my control. More than ever this year, I’ve bought into this concept and owned the fact that all I can control is my reaction. It’s helped diffuse a lot of situations that could have otherwise turned heated. Focusing on this concept has helped me handle any situation thrown at me without getting caught off guard. 2. HAVE THE DISCIPLINE TO SAY NO Discipline tends to be an overused term, but what hit me this year is knowing the difference between saying yes and having the discipline to say no. This happens on an individual level and on a firm-wide level: When we stick to what we’re good at, we succeed and avoid getting stretched too thin. We’re able to be better at what we say yes to. This
has given me more freedom to push the limits of what we’re capable of and get more done. There’s a lot I’d like to take on and plenty I can do with my time, but what are the things I absolutely care about? How do I craft that life? What does that look like? It takes discipline to carve it out. 3. CREATE CONSISTENCY IN YOUR MORNINGS Something else that hit home this year is how important it is to start mornings off on
the right foot. There are a few activities that help me feel accomplished from the get-go. Mornings are my time to think, read, and write, and I like to fit in a workout and a good breakfast. Sometimes it’s truncated, but I make the best of it. If I only have an hour, I’ll read while I’m on my bike. When I complete even a short spurt of activities first thing, I’m more productive and happier the rest of the day. Even on vacation, I try to stick to this combination to start the day positively.
My girlfriend, me, and my family celebrating my sister’s and my birthdays at dinner in Denver
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