Secretly Recording Video in a Day Care Center
A daycare center can be a lifesaver for busy parents who want to ensure that their kids are occupied with some sort of activity or with other kids when they themselves are not available. Daycare centers are state licensed and usually follow stringent rules to safeguard the welfare of the children that they take care of on a daily basis. However, there are times when staff get out of line and mistreat kids under their care, playing on the naiveté of the kids and the parent’s absence.
When your kid tells you that they were victims of some form of abuse at a daycare center, it’s important you take their claim seriously. Daycare mistreatment might take on a physical or psychological angle. If ignored, this kind of issue can become a festering wound which might negatively impact the child’s growth and development.
Many parents have a desire to see what’s “really” going on inside a daycare, or to verify their suspicion of mistreatment, neglect or abuse. One new Texas law allows the use of hidden cameras in nursing home facilities. It could be argued that the law also applies to daycare facilities. While it may be legal in Texas to do so, there is much complexity when it comes to surreptitious recording and federal wiretap (audio recording) laws. One positive is that most child care centers usually have their own surveillance cameras which closely monitors the grounds and building for suspicious or criminal activity. You can ask the daycare owner to let you see CCTV footage if you suspect that your child is being neglected or abused.
Running Into Problems
If the daycare center management hesitates or flat out refuses to let you see this footage, you need to get in touch with us ASAP so that we can serve the center with a spoliation of evidence notice in order to prevent them from tampering with or deleting the video. We can then work with you to get a court-ordered subpoena in order to force the daycare owner to supply you with the video. Evidence of this nature may be admissible in court and can help you file a lawsuit and seek compensation for your child.
Getting footage of ongoing abuse will also help other kids in that center get a voice that they might not have had before your involvement. You will likely never get in trouble if you’re recording deplorable conditions or abuse if your intention is to report it. We also need to stress that selling or sharing this footage with other parties may put you in legal trouble. Once you have the evidence that you need, you may present it to your attorneys and give a copy to the police. Rasansky Law Firm would like to help you protect the rights and well-being of your children. Please get in touch with us today for free consultation at 1-877-403-9378.
2 Comments
What states ban preschools from providing webcam service to their parents
Hi. I run and in home daycare and I use cameras and allow my parents to have a share device to see their little ones activities through out the day. I’ve been notified that I’m breaking the law by allowing them to view other children. Not by the parents however just by laws of Tenn in general. That it’s a form of abuse for the other parents to witness changes them etc,
Can I ask what are the rules of this and what lines do in need to make sure I don’t cross?
Do I need to have my parents sign a statement that allows me to show all children?