{"id":1347,"date":"2026-04-15T23:54:33","date_gmt":"2026-04-15T23:54:33","guid":{"rendered":"https:\/\/www.gustin.law\/houston-tx\/daycare-injuries\/houston-daycare-security-failure-lawyer\/"},"modified":"2026-04-28T20:14:07","modified_gmt":"2026-04-28T20:14:07","slug":"abogado-especializado-en-casos-de-fallos-de-seguridad-en-guarderias-de-houston","status":"publish","type":"page","link":"https:\/\/www.gustin.law\/es\/houston-tx\/daycare-injuries\/houston-daycare-security-failure-lawyer\/","title":{"rendered":"Abogado especializado en casos de fallos de seguridad en guarder\u00edas Houston"},"content":{"rendered":"\n<p>Every Houston parent who drops a child off at daycare trusts that facility to keep their child safe, not just from scraped knees, but from real security threats. When a daycare fails to control who enters the building, leaves a gate unlocked, skips required background checks, or allows unauthorized adults to pick up children, the results can be life-changing. If your child was hurt because a daycare let security slide, you may have a strong legal claim under Texas law. Gustin Law Firm, with its principal office in Houston, Texas, represents families in exactly these situations. Our attorneys, led by Joshua Gustin, have helped clients recover more than $50 million in total recoveries. If you need a <a href=\"https:\/\/www.gustin.law\/houston-tx\/daycare-injuries\/\">Houston daycare injury lawyer<\/a>, we are ready to hear your story.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Table of Contents<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"#what-daycare-security-failure-actually-means-in-texas\">What Daycare Security Failure Actually Means in Texas<\/a><\/li>\n<li><a href=\"#common-security-failures-that-lead-to-child-injuries-in-houston-daycares\">Common Security Failures That Lead to Child Injuries in Houston Daycares<\/a><\/li>\n<li><a href=\"#texas-law-and-your-right-to-sue-for-daycare-security-failures\">Texas Law and Your Right to Sue for Daycare Security Failures<\/a><\/li>\n<li><a href=\"#how-hhsc-inspections-and-violations-support-your-claim\">How HHSC Inspections and Violations Support Your Claim<\/a><\/li>\n<li><a href=\"#what-to-do-after-a-daycare-security-failure-injures-your-child\">What to Do After a Daycare Security Failure Injures Your Child<\/a><\/li>\n<li><a href=\"#faqs-about-houston-daycare-security-failure-lawyer\">FAQs About Houston Daycare Security Failure Lawyer<\/a><\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-daycare-security-failure-actually-means-in-texas\">What Daycare Security Failure Actually Means in Texas<\/h2>\n\n\n\n<p>Security failure at a daycare is not limited to break-ins or stranger abductions. It covers any breakdown in the systems and procedures a facility uses to protect children from harm, whether that harm comes from the outside or from within. A security failure can be a propped-open door, a missing fence panel, an unchecked visitor, a staff member who was never background screened, or a child released to an unauthorized adult. Each of these failures puts children at serious risk.<\/p>\n\n\n\n<p>Texas law gives the Texas Health and Human Services Commission (HHSC) authority to set and enforce safety standards for licensed daycare centers under Chapter 746 of the Texas Administrative Code. The Minimum Standards reduce risk for children in out-of-home care settings by outlining basic requirements to protect the health, safety, and well-being of children in care. These rules are not suggestions. They are legal requirements, and a daycare that ignores them is not just cutting corners, it is breaking the law.<\/p>\n\n\n\n<p>Under Texas Administrative Code Section 746.3703, people whose behavior or health status poses an immediate threat or danger to the health or safety of children must not be present when children are in care. People whose behavior or health status poses an immediate threat or danger to the health or safety of children must not be present when children are in care, and people must not consume alcohol or controlled substances without a prescription in the child-care center, during care hours. These provisions show that Texas expects daycares to actively screen and control who is present in the facility at all times, not just at the front desk.<\/p>\n\n\n\n<p>When a security failure leads to a child being hurt, abused, or taken, the daycare can be held liable under Texas negligence law. Child Care Regulation responsibilities include regulating all child care operations to protect the health, safety, and well-being of children in care, permitting and monitoring operations for compliance with state regulation standards, and investigating complaints alleging violations of minimum standards in child care operations. Violations of these standards can support a negligence per se claim, meaning the violation of the rule itself helps establish that the daycare acted wrongfully.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"common-security-failures-that-lead-to-child-injuries-in-houston-daycares\">Common Security Failures That Lead to Child Injuries in Houston Daycares<\/h2>\n\n\n\n<p>Houston is a sprawling city. Daycares operate in every neighborhood, from the Heights and Montrose to Pearland and Katy. No matter where a facility sits, Texas law holds it to the same security standards. Unfortunately, failures happen across the board, and many of them are preventable.<\/p>\n\n\n\n<p>One of the most common failures is releasing a child to an unauthorized adult. Texas Minimum Standards require daycares to maintain written authorization lists for who may pick up a child. When a facility skips this verification step, a child can end up with someone who has no legal right to them, which can result in custody violations, emotional trauma, or physical harm. This type of failure connects directly to broader concerns about daycare staff misconduct and lack of supervision.<\/p>\n\n\n\n<p>Inadequate background checks are another serious problem. Disclosure of confidential background check information is a Class A misdemeanor under Texas law, which reflects how seriously the state treats the screening process. If a daycare hires staff without completing proper criminal history checks, and that employee later harms a child, the facility can face liability for negligent hiring.<\/p>\n\n\n\n<p>Physical security failures are equally dangerous. For the safety of children under five, a daycare must enclose its outdoor play area with a fence at least four feet tall if children younger than five will use it. A broken or missing fence near a busy Houston street, like those near the 610 Loop or I-45, can allow a small child to wander into traffic. Unlocked exterior doors, broken security cameras, and missing sign-in protocols all fall into this same category of preventable security breakdowns.<\/p>\n\n\n\n<p>Failure to report dangerous situations is also a violation. Daycares must notify the state no later than two days after any situation that places a child at risk, such as a child that&#8217;s forgotten in a vehicle or playground or a child wandering away from unsupervised care. When a facility covers up a security incident instead of reporting it, families lose the ability to make informed decisions about their child&#8217;s safety.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"texas-law-and-your-right-to-sue-for-daycare-security-failures\">Texas Law and Your Right to Sue for Daycare Security Failures<\/h2>\n\n\n\n<p>Texas law gives parents the right to hold negligent daycares accountable through a personal injury lawsuit. To win, you generally need to prove four things: the daycare owed your child a duty of care, the daycare breached that duty, the breach caused your child&#8217;s injuries, and your child suffered real damages as a result. In security failure cases, establishing that duty is straightforward. Every licensed daycare in Texas owes enrolled children a legal duty to keep them safe.<\/p>\n\n\n\n<p>Breach is often proven by showing the daycare violated its own written policies, failed to meet Texas Minimum Standards under Chapter 746, or ignored obvious warning signs. Assigning weights to the Minimum Standards takes into account the relative importance of standard violations and helps facilitate a clear and common understanding of risk among providers, consumers, and CCR staff, so that child-care providers and CCR staff can use this information as a guide in correcting deficiencies and setting priorities when making corrections. When a daycare violates a high-weight standard, that violation is strong evidence of a serious breach of duty.<\/p>\n\n\n\n<p>Damages in a daycare security failure case can include medical bills, therapy costs, pain and suffering, emotional distress, and, in the most severe cases, compensation for long-term injuries. Under Texas Civil Practice and Remedies Code Chapter 41, exemplary damages may also be available when a daycare acted with gross negligence or conscious indifference to a child&#8217;s safety. If a facility knew its security systems were broken and did nothing, that level of recklessness can support a claim for additional damages beyond actual losses.<\/p>\n\n\n\n<p>Texas also has a two-year statute of limitations for personal injury claims under Civil Practice and Remedies Code Section 16.003. For claims involving injured children, the clock typically does not begin to run until the child turns 18. However, it is always better to act quickly. Evidence disappears, witnesses forget details, and inspection records can become harder to obtain. A qualified <a href=\"https:\/\/www.gustin.law\/pasadena-tx\/pasadena-daycare-injury-lawyer\/\">daycare injury attorney<\/a> can help you preserve evidence and file on time.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"how-hhsc-inspections-and-violations-support-your-claim\">How HHSC Inspections and Violations Support Your Claim<\/h2>\n\n\n\n<p>One of the most powerful tools in a daycare security failure case is the facility&#8217;s inspection history. Texas HHSC conducts regular, unannounced inspections of licensed daycare centers. Child Care Regulation must annually conduct at least one health and safety audit during an unannounced monitoring inspection for licensed child care centers, before- or after-school programs, school-age programs, and licensed child care homes. These inspections create public records that document every violation a facility has accumulated.<\/p>\n\n\n\n<p>If the daycare that failed your child had prior citations for security-related issues, those records can show a pattern of negligence. If deficiencies with standards that pose a risk to the health and safety of children were cited during a previous inspection or investigation, CCR staff must reevaluate the same and related standards at the inspection. That means a facility with repeat violations was already on the state&#8217;s radar, and its continued failure to correct those problems is strong evidence that it acted with disregard for children&#8217;s safety.<\/p>\n\n\n\n<p>Parents can access inspection records through the Texas HHSC online database. HHSC informs parents and the public about child care, including how specific child care and residential child care operations are complying with minimum standards of care. If you are not sure how to read those records or what violations matter most to your case, Gustin Law Firm can help you pull and analyze them. We know what HHSC inspectors look for, and we know how to use those findings to build a compelling case.<\/p>\n\n\n\n<p>HHSC also has enforcement authority. HHSC may recommend or take an enforcement action on a child care operation to help that operation come into compliance with state laws, rules and minimum standards while reducing risk to children in child care settings. When enforcement actions have been taken against a daycare, those actions can serve as additional evidence in your civil lawsuit. They show that a government agency already determined the facility was out of compliance.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-to-do-after-a-daycare-security-failure-injures-your-child\">What to Do After a Daycare Security Failure Injures Your Child<\/h2>\n\n\n\n<p>The moments after you learn your child was hurt because of a daycare security failure are overwhelming. Your first priority is always your child&#8217;s health. Get medical attention immediately, even if injuries seem minor. Head injuries, emotional trauma, and internal injuries are not always visible right away, and a prompt medical evaluation creates the documentation your case will need.<\/p>\n\n\n\n<p>After addressing your child&#8217;s health, document everything you can. Take photos of any visible injuries. Write down exactly what the daycare told you about what happened and when. Ask for a copy of the incident report. Texas Minimum Standards require daycares to share incident reports with parents. A daycare must share a copy of the report with the child&#8217;s parent and obtain the parent&#8217;s signature on the report indicating the parent has reviewed it or received a copy of the report within 48 hours of when the incident occurred. Requiring a parent to sign the report verifies the parent was informed of serious situations, which affect the health or safety of their child. If the daycare refuses to give you this report, that refusal is itself a red flag worth noting.<\/p>\n\n\n\n<p>You should also file a complaint with Texas HHSC Child Care Regulation. This triggers an independent investigation, creates an official record, and may result in enforcement action against the facility. The DFPS abuse and neglect hotline is available at 1-800-252-5400 for emergency reports, and non-emergency reports can be submitted through the Texas abuse hotline website.<\/p>\n\n\n\n<p>Then, contact Gustin Law Firm. We offer free consultations and handle daycare injury cases on a contingency fee basis, meaning you pay no attorney&#8217;s fees unless we recover money for you. Please note that if we do recover compensation, attorney&#8217;s fees and litigation expenses will be deducted from the gross recovery. Our team, working as a <a href=\"https:\/\/www.gustin.law\/\">personal injury lawyer<\/a> resource for Houston families, knows how to investigate security failures, obtain inspection records, and hold negligent daycares fully accountable. Call us today at (713) 491-4792.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"faqs-about-houston-daycare-security-failure-lawyer\">FAQs About Houston Daycare Security Failure Lawyer<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">What counts as a security failure at a Houston daycare?<\/h3>\n\n\n\n<p>A security failure includes any breakdown in the systems a daycare uses to protect children from harm. This covers releasing a child to an unauthorized adult, failing to run background checks on staff, leaving exterior doors or playground fences unsecured, allowing unscreened visitors into the facility, and failing to report dangerous incidents to state regulators. Texas Minimum Standards under Chapter 746 of the Texas Administrative Code set the baseline for what security measures a licensed daycare must have in place. When a facility falls short of those standards and a child is hurt as a result, that is a security failure with legal consequences.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Can I sue a daycare in Houston if my child was released to the wrong person?<\/h3>\n\n\n\n<p>Yes. Releasing a child to an unauthorized adult is a serious security failure and can form the basis of a personal injury or premises liability claim in Texas. Daycares are required to maintain and verify authorization lists for child pickup. If a facility fails to check identification or ignores its own written policies, and your child is harmed as a result, the daycare can be held liable for those injuries. Gustin Law Firm can review your situation and advise you on the strength of your claim.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How do I find out if a Houston daycare has prior security violations?<\/h3>\n\n\n\n<p>Texas HHSC maintains a public database of licensed daycare inspection records. You can search for a specific facility and review its history of violations, including any security-related deficiencies. HHSC conducts at least one unannounced health and safety audit per year at licensed child care centers. If a facility has repeated violations or enforcement actions on record, those findings can be powerful evidence in a civil lawsuit. Gustin Law Firm can also help you pull and analyze these records as part of your case investigation.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How long do I have to file a daycare security failure claim in Texas?<\/h3>\n\n\n\n<p>Under Texas Civil Practice and Remedies Code Section 16.003, the general statute of limitations for personal injury claims is two years from the date of the injury. However, for claims involving injured children, Texas law typically tolls, or pauses, the limitations period until the child turns 18. That said, acting quickly is always in your best interest. Evidence fades, witnesses move on, and security footage gets overwritten. Contact Gustin Law Firm as soon as possible after your child is hurt so we can begin preserving evidence right away.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Does Gustin Law Firm charge upfront fees for daycare security failure cases?<\/h3>\n\n\n\n<p>No. Gustin Law Firm handles daycare injury cases on a contingency fee basis. You pay no attorney&#8217;s fees unless we recover money for you. If we do obtain a recovery on your behalf, attorney&#8217;s fees and litigation expenses will be deducted from the gross recovery amount. We offer free initial consultations, so there is no cost to speak with our team about what happened to your child. Call us at (713) 491-4792 to get started.<\/p>\n\n\n\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"What counts as a security failure at a Houston daycare?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"A security failure includes any breakdown in the systems a daycare uses to protect children from harm. This covers releasing a child to an unauthorized adult, failing to run background checks on staff, leaving exterior doors or playground fences unsecured, allowing unscreened visitors into the facility, and failing to report dangerous incidents to state regulators. Texas Minimum Standards under Chapter 746 of the Texas Administrative Code set the baseline for what security measures a licensed daycare must have in place. When a facility falls short of those standards and a child is hurt as a result, that is a security failure with legal consequences.\"}},{\"@type\":\"Question\",\"name\":\"Can I sue a daycare in Houston if my child was released to the wrong person?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Yes. Releasing a child to an unauthorized adult is a serious security failure and can form the basis of a personal injury or premises liability claim in Texas. Daycares are required to maintain and verify authorization lists for child pickup. If a facility fails to check identification or ignores its own written policies, and your child is harmed as a result, the daycare can be held liable for those injuries. Gustin Law Firm can review your situation and advise you on the strength of your claim.\"}},{\"@type\":\"Question\",\"name\":\"How do I find out if a Houston daycare has prior security violations?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Texas HHSC maintains a public database of licensed daycare inspection records. You can search for a specific facility and review its history of violations, including any security-related deficiencies. HHSC conducts at least one unannounced health and safety audit per year at licensed child care centers. If a facility has repeated violations or enforcement actions on record, those findings can be powerful evidence in a civil lawsuit. Gustin Law Firm can also help you pull and analyze these records as part of your case investigation.\"}},{\"@type\":\"Question\",\"name\":\"How long do I have to file a daycare security failure claim in Texas?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Under Texas Civil Practice and Remedies Code Section 16.003, the general statute of limitations for personal injury claims is two years from the date of the injury. However, for claims involving injured children, Texas law typically tolls, or pauses, the limitations period until the child turns 18. That said, acting quickly is always in your best interest. Evidence fades, witnesses move on, and security footage gets overwritten. Contact Gustin Law Firm as soon as possible after your child is hurt so we can begin preserving evidence right away.\"}},{\"@type\":\"Question\",\"name\":\"Does Gustin Law Firm charge upfront fees for daycare security failure cases?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"No. Gustin Law Firm handles daycare injury cases on a contingency fee basis. You pay no attorney's fees unless we recover money for you. If we do obtain a recovery on your behalf, attorney's fees and litigation expenses will be deducted from the gross recovery amount. We offer free initial consultations, so there is no cost to speak with our team about what happened to your child. Call us at (713) 491-4792 to get started.\"}}]}<\/script>\n\n\n<h2 class=\"wp-block-heading\">More Resources About Daycare Facility &#038; Premises Failures<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/www.gustin.law\/houston-tx\/daycare-injuries\/houston-unsafe-playground-equipment-daycare-lawyer\/\">Houston Unsafe Playground Equipment Daycare Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.gustin.law\/houston-tx\/daycare-injuries\/houston-daycare-equipment-failure-injury-lawyer\/\">Houston Daycare Equipment Failure Injury Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.gustin.law\/houston-tx\/daycare-injuries\/houston-daycare-slip-and-fall-injury-lawyer\/\">Houston Daycare Slip and Fall Injury Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.gustin.law\/houston-tx\/daycare-injuries\/houston-daycare-premises-liability-lawyer\/\">Houston Daycare Premises Liability Lawyer<\/a><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Every Houston parent who drops a child off at daycare trusts that facility to keep their child safe, not just from scraped knees, but from real security threats. When a daycare fails to control who enters the building, leaves a gate unlocked, skips required background checks, or allows unauthorized adults to pick up children, the&hellip;<\/p>","protected":false},"author":5,"featured_media":0,"parent":44,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1347","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/pages\/1347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/comments?post=1347"}],"version-history":[{"count":1,"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/pages\/1347\/revisions"}],"predecessor-version":[{"id":1387,"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/pages\/1347\/revisions\/1387"}],"up":[{"embeddable":true,"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/pages\/44"}],"wp:attachment":[{"href":"https:\/\/www.gustin.law\/es\/wp-json\/wp\/v2\/media?parent=1347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}