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Daycare Neglect.. Is it too late to sue?? Lawyers plz help?
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Daycare Neglect.. Is it too late to sue?? Lawyers plz help?

My son has some behavioral problems and has tantrums often (which escalated when he started daycare)
Owner of daycare said she thought my son had ADHD and we should look into early intervention problem to evaluate him. so we did just in case.
Problems in daycare got worse so he was put in a "special" class with kids with similar problems but with special needs teachers to work on them.

A month ago she told me my son could no longer attend daycare because of his language (he would say stupid and shut up)

His last week of daycare his so called special needs teacher told my husband our son has been neglected for months. she would try to teacher him but would get yelled at by the owner. Most of the time she wasn't even teaching her class she was hired for. (She quit the same day my son left because she couldn't take it anymore)

Now a month later i want to do something about it.

I wasn't sure i had enough proof and i wanted to make sure i got my deposit back because money is really tight now.

do i have any chance of winning? The teacher said she would help and she also told me there was a dyfs investigation going on that week he left.
Additional Details
The early interventionist went there to evaluate my son and she said they weren't even watching him and he would tantrum for attention. There is also another teacher that quit because of the neglect these kids were getting. So i have no solid proof just information from these three people but only 2 will help in court if needed.


    




Libraryanna
You have to prove that being neglected caused harm to him. So you would have to spend money on medical and psychological evaluations. I can't see any lawyer taking on a case like this except for on an hourly, expensive basis.

Unless you have documentation that his needs weren't taken care of, you don't really have a case. It sounds like it's a daycare, not a school. So not teaching him is not the same as neglecting his basic needs.

I have to wonder (and so would any opposing attorney) why you would keep him in that day care if his behavior got worse when he went there.

And C, when I practiced law I did indeed give free advice.


Hertha
You would need to obtain proof of all this before you could proceed with a law suit. You can't try the Daycare Center and your claim at the same time based on accusations made by a former employee, who may or may not be disgruntle. Which happens to be one question that has not been answered, for example.


C
I would complain with the agency that licenses the daycare in your state. Look it up online.
Also lawyers NEVER give free advice so dont count on any real lawyers to give advice on here.





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