Infant Found Unresponsive by Daycare Staff at Kid Kountry Early Learning

According to a News4SanAntonio report, an infant was discovered unresponsive by daycare staff on the Southeast Side this week.¹

The incident happened at around 3 p.m. on Wednesday, July 30th, at the Kid Kountry Early Learning center on Donop Road near Interstate 37. Deputies reported that staff found the infant, later identified as 4-month-old Laurelin Esthena Deluna, unresponsive when trying to wake her from her nap. Emergency responders performed life-saving measures for around 45 minutes, but she was ultimately pronounced dead at the scene.

The Bexar County Sheriff’s Office is conducting a criminal investigation, which is standard procedure. However, Bexar County Sheriff Javier Salazar stated that the daycare followed proper safety procedures when putting the infant down for a nap. Additionally, state inspection records from July 1st showed a zero deficiency risk level, and the daycare has not had an injury to a child in the past 5 years.

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Did You Know?

As of 2019, nearly 6 in 10 U.S. children under age 5 were in regular non-parental care—and of those, 62% attended a day care center.²

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When a Child Is Injured or Dies at Daycare: What Are Parents’ Legal Rights in Texas?

In the wake of a tragic accident like this, parents are often left wondering- if your child is seriously injured—or worse—while in the care of a licensed daycare:

What legal rights do I have as a parent? Can a facility still be held accountable, even if it passed inspection?

Let’s explore how Texas law handles daycare injuries and what families can do when something goes wrong.

What Duty Does a Texas Daycare Owe to Your Child?

Licensed daycare providers in Texas are legally required to provide a reasonably safe and supervised environment for the children in their care. That includes meeting state standards for:

• Adequate supervision at all times

• Safe and well-maintained equipment and facilities

• Properly trained staff who understand emergency response protocols

• Appropriate staff-to-child ratios

• Compliance with all regulations from the Texas Health and Human Services Commission (HHSC)

Even when caregivers follow state-mandated procedures, serious injuries or fatalities can still occur—and families may be left with questions about whether more could have been done to prevent the harm.

While not every injury is the result of negligence, daycare providers can be held accountable when they fail to take reasonable precautions, ignore known safety risks, or deviate from industry standards. That might include:

• Failing to supervise children during active play, meals, or transitions

• Using damaged, outdated, or inappropriate equipment

• Delaying or mishandling emergency medical care

• Failing to accommodate a child’s documented health needs or special requirements

What If the Daycare Followed State Protocols?

This is an important question—and one that many families ask after a tragic or unexpected event.

It’s true that passing a state inspection or having a clean safety record may indicate a daycare’s general compliance. However, compliance with state minimum standards does not automatically rule out liability. Daycares are still expected to take reasonable steps to protect children based on the specific circumstances at hand.

For example, a facility may still bear responsibility if:

• A staff member was inattentive or failed to notice signs of distress

• Safety procedures were not followed precisely in a high-risk situation

• Equipment or facilities met regulations, but were still unsuitable for a specific child’s needs

• There were gaps in training or emergency preparedness

Each case depends on the facts—and that’s why an independent legal review is often necessary.

Could a Third Party Be Responsible?

Sometimes, an injury or death at daycare isn’t directly caused by staff negligence—but by a product failure, building hazard, or another outside factor.

Examples of third-party liability may include:

• Defective equipment, such as cribs, strollers, playground sets, or toys

• Unsafe facility conditions, including faulty wiring, poor ventilation, or unsecured entrances

• Negligent hiring or oversight by third-party management companies or ownership groups

In these cases, families may not know where to turn or who can be held accountable.

That’s where having experienced legal counsel becomes critical. A qualified attorney can help:

• Review all relevant facts and documentation

• Identify every potentially liable party, including manufacturers or property owners

• Ensure deadlines are met and your rights are protected

Was Your Child Injured at Daycare in San Antonio? Call Shaw.

If your child was injured or killed at a San Antonio daycare, you could be entitled to compensation for:

• Emergency Treatment Costs,
• Medical Bills,
• Pain and Suffering,
• Trauma/PTSD,
• Missed Work,
• And More.

We’ll help you find out if you have a case for free.

Call Shaw today at 800-862-1260 for a free, confidential case evaluation with an experienced child injury attorney in San Antonio. There’s no cost and no obligation—just experienced legal support when you need it most.

Carabin Shaw has been a trusted name in San Antonio and across Texas for over 32 years because we put our clients first. We look forward to serving you.

 

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¹News4SanAntonio Report

²Fast Facts: Child Care (NCES)