Legal Question in Civil Litigation in New York

Daycare abuse

In the summer of 2005, I arrived early at my 2 1/2yr old daughter's daycare center to pick her up. I found her strapped into a chair for ''time out''. She was crying but otherwise seemed alright. I pulled her out of the daycare center and demanded my money back for the rest of the month which I received without any problems. I was assured that it was an aide that committed the abuse and she was supposedly reprimanded and removed. I did not report the abuse to the state because I truely believed that it was an isolated incident with a poorly qualified person. Now a year later I find out that in fact this kind of punishment was routinely given out by multiple adults including teachers to my daughter. They would in fact carry her strapped into the chair from one room to another when they got tired of hearing her cry. Emotional abuse was also frequent. I do not know what type of legal action can be taken. My daughter has had some aggressive behaviour issues over the past year that I attribute to this abuse. My daughter attended this daycare center from 9/03 to 7/05. Thank you.


Asked on 11/19/06, 9:32 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Daycare abuse

This sounds like a major problem for the day care center. Restraint of children is not something that should be done usually if at all. In other facilities use procedures and forms that must be followed. Use of restraints is an extraordinary measure. Even under reasonable situations, the parent must be informed and advised as to the potential use of restraints, and the use of these.

I can go into more detail if you contact me.

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Answered on 11/20/06, 8:41 am


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