Chicago Daycare Restraint Lawyer

When a daycare facility uses physical force, drugs, or isolation to control a child, the consequences can be devastating. Daycare restraint is unacceptable and can be considered abusive, traumatic, and legally actionable.

At Rosenfeld Injury Lawyers, our Chicago daycare injury lawyers advocate for families when children are harmed by the misuse of restraints in childcare settings. If your child was restrained at daycare in a way that caused injury to their body or mental trauma, we can help.

What Constitutes Daycare Restraint?

Illinois law strictly limits the use of restraints in childcare settings. Only emergency situations justify brief, minimal restraint, and providers must notify parents.

• Physical restraint: Holding a child down, tying them with belts, or using objects to restrict movement.
• Chemical restraint: Giving a child medication without medical need or parental consent.
• Seclusion: Isolating a child in a locked room or confined space to control behavior.

Illinois Laws and Regulations on Using Restraints in Daycares

Illinois law places strict limits on the use of restraints in care settings. Under the Illinois Child Care Act (225 ILCS 10/) and DCFS Licensing Standards for Day Care Centers (89 Ill. Adm. Code 407), licensed daycare providers may only use physical restraint in emergencies where a child poses an imminent risk of serious harm. Even then, the law requires that any intervention must be minimal, brief, and fully documented.

Chemical restraints are banned unless they are medically necessary, prescribed by a doctor, and administered with the consent of a parent or guardian. Isolation or seclusion as punishment is prohibited. These protections help ensure that daycare remains a safe and supportive space where children can have fun while staying safe.

Facilities that fail to meet these standards face licensing penalties and potential lawsuits. DCFS rules also require that parents be informed about what happened during any restraint event. Upholding these laws is essential to protecting a child’s physical and emotional well-being.

When is Restraint Considered Abuse or Negligence?

Using physical restraint to punish, discipline, or calm a child is a serious violation of accepted child supervision standards and is considered abuse or negligence. Even when a child needs calming in an emergency, excessive physical force, improper techniques, or failure to follow required reporting can lead to serious harm.

A person working at a daycare who restrains a child inappropriately breaches their duty of care and may be held liable under Illinois law. This includes incidents where staff misinterpret a child’s behavior or fail to use safe, non-physical methods taught during standard training.

Dangers and Potential Injuries from Improper Restraints

Improper restraint of children has been linked to physical injuries such as:

• Cuts, bruises, and abrasions from struggling
• Broken bones or dislocated joints
• Restricted blood flow or positional asphyxia
• Adverse medication reactions or over-sedation

Psychological harm to the child, including:

• Anxiety, panic attacks, or depression
• Post-traumatic stress disorder (PTSD)
• Emotional withdrawal or behavioral regression
• Loss of trust in caregivers, teachers, and adults

Children may also experience sleep disturbances, bed-wetting, or a fear of returning to daycare or school after being restrained. For families, the emotional toll is immeasurable.

Managing a Challenging Child’s Behavior vs. Unlawful Restraint

Not every outburst, misinterpreted act of play, or tantrum requires force. Licensed childcare providers are expected to use positive behavior strategies, redirection in play, and de-escalation techniques to manage challenging behavior. Many children need extra support, not control, and a daycare’s lack of training is not an excuse to resort to unnecessary restraint.

No matter what happens, even when caregivers reach a breaking point, a child acting out does not justify tying them to a chair, giving them medication to make them quiet, or isolating them in a locked room. There is a clear legal and ethical line between behavior management and abusive restraint. When that line is crossed in the course of caring for a child, parents have the right to act.

Holding Chicago Daycares Liable for Child Restraint Injuries

A daycare can be held responsible when a child suffers injuries because of restraint. That liability may stem from:

• The direct actions of a staff member
• The facility’s failure to train employees properly
• Lack of supervision or monitoring
• A culture or policy that encourages restraint over support

In some cases, the daycare may have prior violations or complaints, or staff may have histories of misconduct. Our attorneys investigate thoroughly to uncover every contributing factor and build a strong claim for your family.

Steps for Parents to Take if They Suspect Improper Restraint

If your child has been improperly restrained, act quickly. 

• Act quickly if you suspect improper restraint.
• Listen closely to your child’s statements, even if they are vague.
• Watch for bruises, wrist marks, or sudden fear of daycare.
• Document everything with dates, names, and details.
• Photograph any visible injuries.
• Request a written incident report from the daycare.
• Report the incident to the DCFS Child Abuse Hotline (1-800-25-ABUSE).
• Get a full medical and psychological evaluation.
• Contact a daycare injury lawyer to discuss legal options.

If something feels wrong, it probably is, and your child needs you to be their voice.

Why You Need a Lawyer Experienced in These Cases

Improper daycare restraint cases require more than general injury experience. They demand legal knowledge of DCFS regulations, child development, trauma documentation, and institutional liability. When a child has disabilities, this becomes even more difficult.

Our Chicago child injury attorney team builds strong cases under Illinois law to hold child welfare providers accountable when a child’s safety is compromised by individual actions or systemic neglect.

Contact Our Firm for a Free Consultation

No parent should ever have to question whether their child was hurt by the people entrusted to care for them. If your child was restrained, hurt, or emotionally traumatized at a daycare, our Chicago personal injury attorneys are here to help your family find answers and take legal action.Call us today at (888) 424-5757 or through our form to speak with a lawyer.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.