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When parents entrust their children to a daycare facility, they rightfully expect a safe, nurturing environment. Unfortunately, some daycares in Georgia fall short of these standards and engage in improper disciplinary practices. These actions can not only harm a child physically and emotionally but also give rise to serious legal claims against the daycare facility and its staff. Under Georgia law, there are established standards for childcare, and when those are violated, legal recourse is available. We have extensive experience in handling daycare negligence cases, including those involving improper discipline.
Improper discipline refers to any disciplinary action that is unreasonable, abusive, or not in line with the regulations established by the Georgia Department of Early Care and Learning, commonly known as Bright from the Start. These behaviors may include:
Corporal punishment (hitting, slapping, spanking)
Physical restraint or isolation
Verbal abuse (threats, intimidation, humiliation)
Denial of food, water, or bathroom access
Use of punitive measures without parental consent or knowledge
Georgia law expressly prohibits such conduct in childcare settings. According to OCGA § 20-1A-1 et seq., Bright from the Start has the authority to regulate and license child care centers, and those centers must adhere to strict policies regarding child discipline.
Bright from the Start sets forth comprehensive rules under its Child Care Learning Centers Rules and Regulations, specifically Rule 591-1-1-.36 (Discipline), which outlines what is and isn’t acceptable:
No corporal punishment is permitted under any circumstances.
Children may not be subjected to psychological abuse, coercion, or derogatory language.
Staff members must implement positive behavior management strategies.
Daycares must maintain written discipline policies and communicate them to parents.
Any violation of these standards can result in administrative penalties, revocation of licensure, and civil liability.
When a child is harmed due to improper discipline at a daycare, the parents may pursue multiple legal claims. Kevin Patrick Law frequently handles these types of cases and can help families understand and pursue their options, which may include:
Under Georgia tort law, parents can file a negligence claim if the daycare breached its duty of care. To succeed, the plaintiff must show:
The daycare owed a duty of care to the child.
The daycare breached that duty (e.g., through improper discipline).
The breach caused harm to the child.
Damages resulted (e.g., medical expenses, emotional trauma).
Kevin Patrick often emphasizes the importance of gathering evidence early—such as surveillance footage, witness statements, and medical records—to build a strong negligence claim.
Sometimes the issue lies with the daycare’s failure to properly screen or monitor employees. If a staff member with a known history of misconduct is hired, or if the daycare failed to supervise staff effectively, the daycare could be liable for negligent hiring, training, or supervision.
Improper physical discipline may constitute battery, which is the intentional touching of another person in a harmful or offensive manner. This can lead to civil claims in addition to potential criminal charges under OCGA § 16-5-23 and § 16-5-23.1 for simple battery or cruelty to children.
If the conduct is especially egregious or abusive, a claim for intentional infliction of emotional distress may be viable. Courts in Georgia require proof of extreme and outrageous conduct that results in severe emotional distress.
Kevin Patrick is a well-regarded Georgia attorney with a strong background in representing children and families harmed by daycare negligence. His firm focuses on personal injury law and has a notable track record in cases involving childcare abuse and improper discipline.
One of the key advantages of working with Kevin Patrick Law is their thorough investigative process. The firm works closely with child psychologists, pediatricians, and regulatory agencies like Bright from the Start to assess the full impact of the abuse and determine liability.
Additionally, Kevin Patrick has been featured in Georgia legal publications and continues to advocate for stronger protections for children in daycare environments. His understanding of both the legal and emotional complexities of these cases makes his firm uniquely suited to handle sensitive claims involving minors.
If improper discipline is suspected, parents should immediately file a complaint with Bright from the Start. The agency maintains a Child Care Services Complaint Line and can initiate an investigation under OCGA § 20-1A-40. Findings can lead to:
Fines
License suspension or revocation
Mandatory corrective actions
Referral to law enforcement
Parents can also obtain inspection reports and citations from Bright from the Start, which may be used as evidence in a civil lawsuit.
Depending on the facts of the case, a successful legal claim may entitle families to recover:
Medical expenses (including therapy)
Pain and suffering
Loss of quality of life
Punitive damages, in cases of malicious or intentional harm
Georgia law allows punitive damages under OCGA § 51-12-5.1 where clear and convincing evidence shows willful misconduct. In daycare discipline cases, this can be a powerful remedy to deter future abuse.
While legal claims can offer justice and compensation, many parents also pursue these cases to prevent future harm to other children. Legal action often prompts internal reforms at daycare facilities, stricter enforcement by Bright from the Start, and greater public awareness of acceptable disciplinary standards.
Kevin Patrick Law is committed not only to helping individual families but also to raising awareness and improving safety standards across the state of Georgia.
Improper discipline in daycare settings is not only a violation of parental trust—it’s a breach of Georgia law and regulatory standards. Bright from the Start sets clear expectations for safe and constructive discipline, and when daycares fail to meet those standards, legal action may be necessary. Kevin Patrick and his team at Kevin Patrick Law provide compassionate and skilled representation to families affected by daycare abuse. By holding negligent facilities accountable, they help protect Georgia’s most vulnerable citizens—its children.
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