Recently, a former daycare worker has been accused of abusing children at an Alexandria childcare center in a case that is every parent’s nightmare. The alleged abuse took place over seven months, and the unnamed staff member was witnessed hitting, grabbing, and roughly handling children, all of whom were between the ages of two and three years old. Management at the daycare in Old Town notified the Virginia Department of Social Services in late May, and the department conducted interviews and investigated the claims. The specifics of the case are troubling.
The daycare fired the staffer, but it’s little comfort to the families of children who endured months of abuse — all while other staff members looked on without reporting the situation.
Parents trust that daycares will adequately care for their children, and that is often what happens. However, this case is a sobering reminder that injury and neglect occur in childcare settings. Unfortunately, these crimes may go undetected, especially when the victims are too young to speak up for themselves. It may seem unthinkable, but parents should know the warning signs of daycare abuse along with how to respond if harm is suspected.
Recognizing Abuse and Neglect in Young Children
As a parent, you teach your child to tell you if anyone is hurting them. However, children who suffer abuse are often scared to come forward and report the abuse for a myriad of reasons. In daycare settings, especially, victims may not be old enough to understand what’s happening to them fully. That’s why parents must learn potential signs of abuse and remain aware of the possibility that a child could experience abuse. There are a few common signs to look out for.
Physical changes: Bruises, scratches, and burns that appear without any explanation may be cause for concern. Unexplained injuries may also be a sign of abuse and neglect.
Behavioral changes: If a child begins to act differently — showing aggression, demonstrating clinginess, or suddenly being afraid to go to daycare — it could indicate a problem.
Verbal clues: A child may not directly say they’re being abused, but they may drop clues that can serve as evidence. A child’s sibling may also be aware of the daycare abuse and disclose it.
Sudden anxiety, nightmares, or potty-training regression: Bathroom regression can be normal, but when combined with nightmares or anxiety, it could be a sign that something serious is happening.
Not every child responds the same way to abuse, which is why it’s essential to trust your gut. If you suspect something is wrong at your child’s daycare, pay attention to your instincts and remain vigilant for any signs of mistreatment.
What To Do If You Suspect Abuse
If you think childcare employees are abusing your child, you’ll likely feel shocked, angry, and helpless. The civil justice system allows victims of abuse to hold their abusers, including daycares and their employees, accountable when abuse occurs. These are the steps to take if you find yourself in this situation.
Document Everything
Take multiple pictures of any visible injuries on your child. If they’ve told you about the abuse, you should write down their exact words to ensure you don’t forget any details. Make a note of any changes that you have noticed in their mood or behavior.
Seek Medical Attention
If you suspect abuse, the child may need to be examined by a medical professional and receive medical treatment. Even if you don’t feel an injury is severe, it’s crucial to have it evaluated. If you’re unsure, you can ask the doctor whether their injuries could’ve been accidental.
Report The Abuse
You can call the Child Abuse & Neglect Hotline at 1-800-552-7096, a 24-hour, toll-free line provided by the Virginia Department of Social Services. The hotline will redirect you to the local social services department, which will investigate the situation. You should also consider alerting local police, especially in cases of severe abuse or where criminal conduct is suspected. Lastly, you should notify the daycare center’s director and ask for a written report.
Virginia defines a mandated reporter as someone who has a “legal responsibility to report suspected abuse, neglect, and exploitation.” Law enforcement officers, healthcare workers, and mental health professionals are commonly considered mandated reporters, along with teachers and childcare providers. Staff members violated the law when they failed to report the abuse they saw at the daycare in Old Town. Additionally, childcare facilities can be held accountable for not creating a safe environment and failing to supervise staff and children appropriately.
Legal Steps After A Daycare Injury
Once you’ve reported the abuse to relevant authorities, you may wonder about your legal options. Typically, an abuser will face either civil or criminal cases — or in many instances, both. After someone makes an abuse complaint, law enforcement officials will investigate, and a prosecutor will determine whether there’s enough evidence to move forward with criminal charges. If the case moves forward, the government handles it. A family doesn’t need a lawyer to represent them during a criminal case. However, a lawyer may be able to help coordinate the family’s involvement in the criminal case with the prosecutor, as well as help prepare the family for any testimony that they will need to give. These cases can lead to probation, fines, jail time, and a lasting criminal record. While these cases hold the perpetrator accountable, they don’t provide compensation for the victims of abuse. That’s one reason many abuse survivors pursue civil personal injury lawsuits.
A civil case can recover financial damages for a family’s losses, including medical bills, pain and suffering, and the cost of future care. It’s crucial to find a law firm that will handle your case with the sensitivity and care it deserves. That’s where Curcio Law comes in. Our Virginia-based law firm specializes in civil child injury cases.
Civil and criminal cases are separate, but one can influence the other. For example, a criminal conviction can bolster a civil claim, but you don’t need a conviction to pursue a civil case. Unfortunately, some defendants aren’t convicted even though they’re guilty of a crime. Thankfully, a civil case can be won even if the abuser isn’t convicted or never faced criminal charges in the first place.
In addition to the abuser, a childcare facility may also be held liable in a civil lawsuit for the actions of its employees. A separate cause of action against the facility may exist if the facility didn’t adequately train or supervise employees or, in the recent case in Old Town, didn’t appropriately respond to reports of misconduct. A daycare owes children a duty of care, and a daycare can be liable if they do not meet that duty of care. Evidence is vital to win a civil case. Medical records, surveillance footage, and witness statements can all be utilized to support the claims made in a lawsuit. Essentially, a family must show that the daycare breached its duty of care and that their child was harmed due to this breach.
How Curcio Law Can Help
As a parent, you trust that a daycare provider will treat your child with the love and respect they deserve. Finding out your child has been a victim of abuse might feel like a gut punch. As you process your emotions, you’ll think about what to do next. That’s what Curcio Law is here for. Our team has experience handling these sensitive cases, and we work with a team of experts, including pediatric trauma specialists, counselors, and other investigators, to help build a strong case that holds the responsible parties accountable.
Our firm guides clients through the entire civil lawsuit process, including how to manage the outcome and how it will affect their child. Child abuse has devastating effects, and speaking out about daycare misconduct isn’t easy. Your bravery has tangible consequences, and outspokenness will protect your child and others. Contact our office online or call/text 703-836-3366 to schedule a free, no-obligation consultation.
Rakin Hamad joined Curcio Law as an associate in August 2018 after graduating from George Mason Law School. During law school, Rakin demonstrated his dedication to client advocacy and was a member of the trial advocacy association, the pro bono society, and the George Mason Law Review. His approach to the law mirrors the firm’s philosophy of treating each client with commitment, compassion and character. Contact Rakin at [email protected].
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