My Child Says Someone at Daycare Hurt Them. The Daycare Says They're Lying. What Do I Do?

We'll start with a case, because it's the reason this post exists.

A young child was enrolled at a daycare that was widely considered one of the best in the area — a place with a waiting list. For months, an employee there was physically harming him.

His parents noticed changes and raised concerns. The daycare said it had looked into it, and that the child was making things up. The parents, reasonably, believed a trusted institution over a very young child. They disciplined him for lying.

The state later investigated and substantiated every allegation. He was one of several children.

We recovered $215,000 for the family. (Gross, before attorney's fees and costs. Past results do not guarantee a similar outcome. Shared with the family's permission; identifying details omitted.)

What follows is what we'd tell any parent in that position.

Should I believe my child?

Yes. First. Then investigate.

Young children rarely fabricate specific, consistent accounts of being harmed. The cost of disbelieving a child who's telling the truth — to their safety, and to whether they ever tell you anything again — is enormous. The cost of believing a child who turns out to be mistaken is a few awkward conversations.

Believe first.

What should I write down?

Everything, today, while it's fresh:

• What your child said, in their own words, as close to verbatim as you can
• When they said it and what prompted it
• Physical signs — bruises, marks, unexplained soreness — with dates and photos
• Behavioral changes — sleep, appetite, toileting regression, fear of going, new anxiety
• Every conversation with the facility — date, who you spoke to, what they said

Keep it in one place. Email it to yourself so it's timestamped.

Should I let the daycare investigate?

You can't stop them. But do not treat their investigation as the answer.

A facility investigating itself has every incentive to find nothing. In the case above, the facility's "investigation" is what convinced the parents their child was lying. That was the mechanism of harm.

Who do I report to?

The Florida Department of Children and Families. The Florida Abuse Hotline is 1-800-962-2873 (1-800-96-ABUSE), and you can report online through DCF's website. You can report anonymously.

DCF is required to assess reports involving licensed childcare. Their investigation is independent of the facility's.

Report yourself. Do not wait for the daycare to do it, and do not assume they have.

What records should I ask for?

Ask the facility, in writing (email, so there's a timestamp), for:

• Incident reports involving your child
• Staff schedules for the relevant dates
• Video footage, if the facility has cameras — and ask them to preserve it
• The facility's written policies on discipline and supervision
• Any prior complaints involving the employee

If they refuse, delay, or say records don't exist, note that. It's information.

You can also check the facility's licensing history and inspection reports through DCF's public childcare provider search.

Should I take my child to a doctor?

Yes. See your pediatrician and tell them what you suspect. The visit creates a contemporaneous medical record, and pediatricians are mandatory reporters who know what to look for.

Should I pull my child out?

If you believe your child is being harmed, yes — immediately. Nothing about preserving a claim requires keeping your child in danger.

Do I need a lawyer?

Not because a lawsuit is the goal. Because the facility will have one, and the questions that arise early — what to say, what to sign, what to demand — are the ones that decide whether a claim is preserved or lost.

A consultation costs nothing. We'll tell you honestly whether there's a claim, and what protecting it involves.

What does a claim look like?

Licensed childcare facilities owe children in their care a duty of reasonable supervision and safety. When an employee harms a child, potential claims can include negligent hiring, negligent supervision, negligent retention (if there were prior complaints), and failure to report. Where the facility is publicly operated, Florida Statute § 768.28 may apply, with its notice requirements and damage caps.

Every case turns on its records — which is why the documentation steps above matter more than anything else on this page.

Reputation is not safety

This daycare had a waiting list. Its reputation is what let this go on for months, because it made the parents doubt their own child.

Choose childcare carefully. Then stay vigilant anyway.

Our team handles child injury cases throughout Jacksonville and Northeast Florida. If this is happening to your family, call us.

📞 904-619-5244 📍 4411 Sunbeam Road #23519, Jacksonville, FL 32241

This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. If you believe a child is in immediate danger, call 911.