If a child was injured in my longtime unlicensed in-home daycare but received medical care and is okay, what should I expect legally and what steps should I take next?
I have an unlicensed in-home daycare which I have had for over 8 years without incident. Last week I had a 14-month-old fall out of a playpen and hit her forehead and face on the tile. I notified the parents immediately and the parents took the baby to the ER for a scan, which came out clear. The baby did have bruising on her forehead and face area.
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I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
Short answer:
You are not required to file your own police report right now, especially since CPS may already have received a referral from the hospital. I do not recommend proactively calling the police — it rarely benefits you and can create unnecessary issues.
Documenting everything and being prepared is smart, and you’ve already done that.
If CPS or law enforcement contacts you, cooperate fully and provide:
- Your incident report
- Photos
- Text messages
- Any other relevant information
Long answer:
Filing your own police report can confuse the situation or trigger extra scrutiny — especially since this was clearly an accident and the ER scan was normal. Hospitals automatically notify CPS when very young children have injuries, so they’ve already done the mandatory step.
Sometimes CPS will:
- Call you
- Make a home visit
- Ask basic safety questions
Or sometimes they close the case without contacting you if everything checks out.
Even though you've had no issues in 8 years, unlicensed daycare can lead to regulatory involvement. If you plan to continue long-term, you may want to look into licensing or small-provider exemptions.
Your best next steps:
- Do not file your own police report.
- Wait and see if CPS contacts you.
- Have your documentation ready.
- Make any safety improvements you feel necessary.
- Stay calm — accidents happen, and this one was well-documented.
Does that help clarify things? I want to make sure I didn’t leave anything out.
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I have an unlicensed in-home daycare which I have had for over 8 years without incident. Last week I had a 14-month-old fall out of a playpen and hit her forehead and face on the tile. I notified the parents immediately and the parents took the baby to the ER for a scan, which came out clear. The baby did have bruising on her forehead and face area.
Lexi, Chatbot
I'm sorry to hear about the incident with the child in your care; that must be very concerning for you. Can you tell me if you have received any communication from the parents or authorities regarding this incident?
I have pictures of the playpen and toys and of the baby. Should I file a police report?
Lexi, Chatbot
Have you taken any steps to address safety measures in your daycare since the incident occurred?
Always try to provide safety; this was just an accident where the baby, I believe, stepped on the toys in the playpen and climbed out and fell, unfortunately.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your daycare incident.
All my parents know that I am unlicensed — that’s always up front — and I have had this baby since she was an infant and her brother for three and a half years. He is three and a half years old and we have never had any issues. I’ve never had any other incidents the entire time I have been open for 7–8 years.
Michael M. Esq.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
Have the parents expressed any concerns about pursuing legal action or reporting the incident to licensing authorities?
No. In the beginning the mother said she was not mad or upset, but if she took the baby to the ER she was told that they would have to inform CPS and they would probably make a police report because the baby was only 14 months old. After they got to the hospital she told me that they in fact did have to contact CPS — it was protocol — and she wanted to give me a heads up so I was not blindsided. I told her the most important thing is that the baby was okay. She gave me updates on the baby but she said that the kids were really going to miss us because they loved us, and she loved us. But the next day she deleted my daughter — who I do daycare with — off Facebook and has not spoken with us since.
Have not heard from the police to make a report or from CPS yet. I was wondering if I should make my own police report. I do have my incident reports filled out and copies along with pictures and all the text messages between the parents and myself.
Michael M. Esq.
Ok thanks! Just a few more questions.
Have you received any official communication from CPS or law enforcement since the hospital visit?
No. This took place last Thursday.
Michael M. Esq.
I'm so sorry about that! Have you made any written notes or documentation about the incident and your communication with the parents so far?
Yes, I have my incident reports along with pictures of the playpen, the toys, the baby, and all the text messages between the parents and myself.
Michael M. Esq.
Understood! Now that I have this info, what is your legal question for me?
I wanted to know if I should file my own police report, or if I should wait until I hear from the other agencies.
Michael M. Esq.
Ok, I've got what you're getting at here! Were there any other facts you'd like to add before I answer your question?
We have had the daycare for almost 8 years with no other incidents. We have had this baby’s brother for three and a half years as well with no incidents. We’ve had both children since infants.
Michael M. Esq.
No problem! I’ll certainly address that. Anything else you'd like to add you think is relevant before I answer?
No, I don't think so. Also, I want to make sure you know that all my parents know that we are unlicensed. We are in a very small town — I think we only have two daycares that are actually licensed.
Michael M. Esq.
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?
No.
Michael M. Esq.
You bet! I'll be with you ASAP!
Ok thank you.
Michael M. Esq.
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
Short answer:
You are not required to file your own police report right now, especially since CPS may already have received a referral from the hospital. I do not recommend proactively calling the police — it rarely benefits you and can create unnecessary issues.
Documenting everything and being prepared is smart, and you’ve already done that.
If CPS or law enforcement contacts you, cooperate fully and provide:
- Your incident report
- Photos
- Text messages
- Any other relevant information
Long answer:
Filing your own police report can confuse the situation or trigger extra scrutiny — especially since this was clearly an accident and the ER scan was normal. Hospitals automatically notify CPS when very young children have injuries, so they’ve already done the mandatory step.
Sometimes CPS will:
- Call you
- Make a home visit
- Ask basic safety questions
Or sometimes they close the case without contacting you if everything checks out.
Even though you've had no issues in 8 years, unlicensed daycare can lead to regulatory involvement. If you plan to continue long-term, you may want to look into licensing or small-provider exemptions.
Your best next steps:
- Do not file your own police report.
- Wait and see if CPS contacts you.
- Have your documentation ready.
- Make any safety improvements you feel necessary.
- Stay calm — accidents happen, and this one was well-documented.
Does that help clarify things? I want to make sure I didn’t leave anything out.
Yes! Thank you so much. I appreciate it.
Michael M. Esq.
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!
I think you answered everything perfectly.
Michael M. Esq.
Thank you so much for contacting us! We're happy to help whenever you need it.
Excellent! Have a great rest of your weekend. I appreciate you.
Sure thing!
Michael M. Esq.
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