If your child was harmed at daycare, you likely have questions about what to do next, who can be held responsible, and whether you have legal options. Below are answers to the questions our daycare abuse lawyers hear most from New Mexico families at the start of this process.
Is My Child at Risk of Sexual Abuse at Daycare?
Child sexual abuse in daycare settings is more common than many parents expect, and it has been documented in licensed centers, home-based daycares, and faith-affiliated childcare programs. Facilities that lack adequate staff supervision, skip background checks, or allow one-on-one access between adults and children without oversight create conditions where abuse is more likely to go undetected.
Proper licensure is one of the most important protections available to your child. In New Mexico, daycare providers are licensed and monitored by the Children, Youth and Families Department (CYFD), which maintains inspection records and licensing status for facilities statewide. A licensed facility is subject to oversight and compliance standards that unlicensed operations are not. If a facility was operating without a license or had prior violations on record, that information can strengthen a civil claim significantly and establish a pattern of negligence.
What Are Signs of Daycare Abuse That Parents Often Miss?
Beyond obvious physical injuries, some indicators are easy to overlook or attribute to other causes. Less visible warning signs include:
- Reluctance to eat foods previously enjoyed or sudden overeating
- Becoming unusually clingy with one parent or caregiver
- Expressing fear of specific people by name, sight, or description
- Stomach aches or headaches that appear on daycare days but not on weekends
- Unexplained anger issues or increased outbursts
- Sudden loss of language or communication skills in a child who was previously developing normally
These patterns, especially when they appear together, are worth taking seriously and discussing with your child’s pediatrician.
Should I Pursue a Criminal or Civil Case Against My Child’s Daycare Abuser?
Both options may be available, and they serve different purposes. A criminal case is pursued by the state and aims to hold the abuser accountable through conviction and sentencing. As a parent, you do not control the criminal process, as prosecutors make that decision.
A civil lawsuit is separate and is brought by your family directly. It seeks financial compensation for your child’s medical treatment, therapy, pain and suffering, and other damages caused by the abuse.
In many cases, both a criminal investigation and a civil claim move forward at the same time. A criminal conviction can strengthen a civil case, but it is not required. Families can pursue civil claims even when criminal charges are not filed or do not result in a conviction.
Is There a Deadline to File a Daycare Abuse Lawsuit in New Mexico?
New Mexico recently eliminated the statute of limitations for the criminal prosecution of certain sex crimes involving children, though there is still a statute of limitations for civil claims. Currently, a claim must be filed by the later date of:
- The child’s 24th birthday
- Three years from the date the victim first disclosed the abuse to a licensed mental health or medical professional during treatment
This extended statute of limitations accounts for the many children who do not recognize or report what happened until much later in life.
What Does It Cost to Pursue a Claim?
Nothing upfront. Our firm takes daycare abuse cases on a contingency basis, which means your family pays nothing unless we recover compensation. Certain litigation costs may apply, depending on the circumstances of your case. We also know that the first call is often the hardest one to make, and we handle it with the care this situation deserves.
Ready to Talk? Our New Mexico Daycare Abuse Lawyers Are Here to Help.
If you are wondering whether you can sue a daycare for abuse, our team at Abrar & Vergara is ready to help your family get answers. We have significantly more courtroom experience than most civil attorneys and are prepared to take a case to trial when that is what it takes to get a family the outcome they deserve. Call (915) 444-6675 or contact us online to schedule a free consultation today.
