Negligent Hiring by Chicago Daycare Operators

When you drop your child off at a daycare in Chicago, whether it’s near Lincoln Park, in the Logan Square neighborhood, or just off the Kennedy Expressway, you trust that the people caring for your child are qualified, safe, and properly vetted. But what happens when a daycare operator skips that vetting process entirely? What if a worker with a dangerous history was hired without a background check, and your child was hurt as a result? That is the core of a negligent hiring claim, and it is one of the most serious legal actions a parent can bring against a Chicago abogado de lesiones personales-supported case targeting a daycare facility. At Briskman Briskman & Greenberg, we represent families whose children were injured because a daycare operator failed to do the basic work of hiring safely. This page explains what negligent hiring means, what Illinois law requires, and how these cases work.

Table of Contents

• What Is Negligent Hiring and Why Does It Matter at Chicago Daycares?
• What Illinois Law Requires of Daycare Operators Before They Hire
• The Legal Standard in Illinois: What Plaintiffs Must Prove
• Common Examples of Negligent Hiring at Chicago Daycares
• How Negligent Hiring Claims Connect to Other Daycare Injury Cases
• FAQs About Negligent Hiring by Chicago Daycare Operators

What Is Negligent Hiring and Why Does It Matter at Chicago Daycares?

Negligent hiring is a direct legal claim against an employer for failing to act reasonably when bringing someone on staff. It is separate from simply blaming an employee for what they did. The claim targets the operator’s own decision to hire that person in the first place. Illinois law recognizes a claim against an employer for negligently hiring an employee the employer knew, or should have known, was unfit for the job in a way that created a danger to others. The elements of this claim require showing that the employer knew or should have known of a particular unfitness for the position, that the unfitness was known or should have been known at the time of hiring, and that the unfitness proximately caused the injury.

In the daycare setting, this matters enormously. A daycare worker has unsupervised, hands-on access to children who cannot always speak up for themselves. Infants, toddlers, and preschoolers are entirely dependent on the adults around them. If an operator hires someone with a history of child abuse, a prior violent conviction, or a documented pattern of dangerous behavior, and that person then harms a child, the operator bears direct legal responsibility for making that hire.

Think about what a proper hiring process looks like. A responsible daycare operator interviews candidates, verifies credentials, checks references, and runs a thorough background check. When an operator skips those steps, or ignores red flags that a reasonable check would have revealed, the law treats that failure as negligence. The harm that follows is not just the worker’s fault. It is also the fault of the operator who put that worker in a room with children.

Chicago daycares serve thousands of families across neighborhoods like Wicker Park, Pilsen, and Hyde Park. Parents in every corner of this city deserve to know that the people watching their children were properly screened before they were ever handed a key to the building.

What Illinois Law Requires of Daycare Operators Before They Hire

Illinois does not leave background check requirements up to individual daycare operators to decide. The law spells out specific obligations. The purpose of Illinois Administrative Code Part 385 is to ensure the safety and well-being of children cared for in any facility subject to licensing by the Department of Children and Family Services by requiring that the operators of child care facilities and other persons subject to background checks, as defined in the Child Care Act of 1969 [225 ILCS 10], be screened for a history of child abuse or child neglect, prior criminal convictions, or pending criminal charges.

Under Illinois DCFS rules, “employee” means any staff person employed by a child care facility, including any volunteer, unlicensed contractual employee, substitute, or assistant and other support staff who have access to children. This is a broad definition. It is not limited to full-time teachers or lead caregivers. It covers anyone who could be alone with a child.

A corrective plan developed under the Child Care and Development Block Grant Act requires that all new and existing day care staff who are employed by a day care provider for compensation, or whose activities involve unsupervised access to children, must have comprehensive background checks. The comprehensive background check also includes janitors, cooks, and other employees who may not regularly engage with children but whose positions at the facility give them the opportunity for unsupervised access.

The Illinois State Police and the FBI both contribute to these checks. The licensing worker must check the form for completeness and accuracy, confirm that the person has been fingerprinted, if applicable, and verify the correct spelling of names alongside a form of identification, such as a driver’s license or photo ID. When a daycare operator in Chicago bypasses these requirements, whether by rushing a hire, using an incomplete process, or simply ignoring the results, they are violating both state regulations and their basic duty of care to the children in their facility.

The Legal Standard in Illinois: What Plaintiffs Must Prove

A negligent hiring claim in Illinois follows a clear legal framework. In an action alleging negligent hiring or retention of an employee, the plaintiff must plead and prove: (1) that the employer knew or should have known that the employee had a particular unfitness for the position so as to create a danger of harm to third persons; (2) that such particular unfitness was known or should have been known at the time of the employee’s hiring or retention; and (3) that this particular unfitness proximately caused the plaintiff’s injury.

What does “should have known” mean in practice? It means that a reasonable background check would have revealed the problem. Negligent hiring generally involves hiring an employee who foreseeably would harm someone, who in fact does go on to harm someone, for example, hiring an individual to work at a daycare who is known, or through a reasonable background check should have been known, was a convicted pedophile who poses a risk to children, if the employee later molests a child.

Illinois courts have also addressed how far an employer’s investigation must go. The Illinois Supreme Court opened the door to the possibility that failing to go beyond a standard background search, for example conducting an online search before hiring applicants for certain jobs, may constitute negligence. In other words, a daycare operator cannot simply claim they ran one database check and call it a day. Reasonable care may require more, especially when the job involves caring for young children.

It is also worth noting that in 2022, the Illinois Supreme Court significantly expanded employer liability in McQueen v. Green, 2022 IL 126666. That decision allows direct and vicarious liability actions for negligent entrustment, supervision, retention, training, and hiring against employers even if agency is admitted. This means a daycare operator cannot escape a negligent hiring claim simply by acknowledging that their employee caused the harm. The operator’s own conduct in making the hire remains a separate and independent basis for liability.

Common Examples of Negligent Hiring at Chicago Daycares

What does negligent hiring actually look like at a real Chicago daycare? The scenarios vary, but the pattern is consistent: an operator skips a step, ignores a warning, or rushes a hire, and a child pays the price. These are the situations families bring to us most often.

A daycare operator hires a worker without running any background check at all. The worker has a prior conviction for child abuse. Within weeks, a child in the facility is physically harmed. Had the operator run even a basic DCFS-required check, that conviction would have appeared and the hire would have been denied. Cases involving physical abuse by daycare workers often trace directly back to this kind of hiring failure.

Another common scenario involves a daycare that hires a worker with a history of violent offenses in another state. Because the operator only runs an Illinois state check and skips the FBI fingerprint component, the out-of-state record never surfaces. Only DCFS shall receive for review FBI background check results, and state conviction information provided by the Illinois State Police regarding employees, prospective employees, or volunteers of child care facilities licensed under the Act shall be provided to the operator of such facility. Skipping the FBI component is not a technicality. It is a direct violation of the screening process designed to protect children.

Operators also sometimes hire workers who appear on the Illinois Sex Offender Registry without checking it. Others hire individuals who were previously fired from another daycare for misconduct but never called the prior employer to ask why. Reference checks are part of reasonable care. Skipping them is not a minor oversight when the job involves children who cannot protect themselves.

These failures happen at daycares across Chicago, from facilities near the Magnificent Mile to neighborhood centers in South Shore and Bridgeport. The geography does not matter. The failure to hire carefully does.

How Negligent Hiring Claims Connect to Other Daycare Injury Cases

Negligent hiring rarely stands alone in a daycare injury case. It typically connects to a broader set of failures at the facility. A daycare that does not screen its workers carefully often also fails to train them, fails to supervise them, and fails to maintain the kind of safe environment that children deserve. These are related but legally distinct claims, and together they can paint a complete picture of how a facility operates.

For example, a worker hired without a background check may also be someone who was never trained in CPR, never taught proper safe sleep practices for infants, and never given any guidance on how to handle a child with special needs. The same operator who skipped the background check likely also skipped the training. Both failures contribute to the harm.

The Illinois Supreme Court has stated that employers serving minors, such as daycare providers, pediatric practices, and summer camps, may be liable for crimes committed by their employees simply because the work involves access to minors. This reflects how seriously Illinois courts take the responsibility that comes with hiring people to care for children.

Negligent hiring claims can also support a request for punitive damages when the operator’s conduct was particularly reckless. To support a claim for punitive damages, a plaintiff must go beyond the pleadings of a negligent employment tort and demonstrate the defendant’s conscious disregard or willful and wanton conduct. When a daycare operator hires someone with a known dangerous history and puts them in a room with toddlers, that conduct can rise to the level of willful and wanton behavior.

Cases involving injuries like shaken baby syndrome, physical abuse, sexual abuse, or serious head trauma often begin with a hiring failure. If you are dealing with any of those situations, the question of who was hired, why, and what the operator knew before making that decision is one of the first things an attorney will investigate. At Briskman Briskman & Greenberg, we dig into hiring records, background check documentation, and personnel files to build the strongest possible case for your family. Our office is located at 134 N. LaSalle St., Suite 1515, Chicago, IL 60602. Call us at (312) 222-0010 to speak with someone about what happened to your child.

FAQs About Negligent Hiring by Chicago Daycare Operators

What is the difference between negligent hiring and negligent supervision at a Chicago daycare?

Negligent hiring focuses on the decision to bring someone onto staff in the first place. It asks whether the operator knew, or should have known through a reasonable background check, that the worker was unfit for the job before they were hired. Negligent supervision is a separate claim that focuses on what happened after the hire, specifically whether the operator properly monitored and managed the worker once they were on the job. Both are valid claims under Illinois law, and in many daycare injury cases, both apply at the same time.

Can I sue a Chicago daycare for negligent hiring even if the worker was not criminally charged?

Yes. A civil lawsuit for negligent hiring is entirely separate from any criminal case. The standard of proof in a civil case is lower than in a criminal prosecution. You do not need a criminal conviction to succeed in a civil claim. What matters in a negligent hiring case is whether the operator failed to take reasonable steps before making the hire, and whether that failure caused your child’s injury. Criminal charges, or the lack of them, do not determine the outcome of a civil case.

What evidence is used to prove a negligent hiring claim against a Chicago daycare?

Evidence in a negligent hiring case typically includes the daycare’s hiring records, background check documentation (or the absence of it), reference check notes, prior employment records for the worker, any DCFS licensing inspection reports, and personnel files. If the worker had a prior criminal history, records of those convictions are central to the case. An attorney will also look at whether the daycare followed the background check requirements under the Illinois Child Care Act of 1969 [225 ILCS 10] and DCFS Administrative Code Part 385.

How long do I have to file a negligent hiring lawsuit after my child was injured at a Chicago daycare?

Illinois has specific statutes of limitations that govern how long you have to file a personal injury lawsuit. For claims on behalf of a minor child, the limitations period is generally tolled, meaning it does not run, until the child reaches the age of majority. However, the rules can be complex depending on the specific facts of your case, and waiting too long can create problems with preserving evidence. You should speak with an attorney as soon as possible after a daycare injury to understand the deadlines that apply to your situation. Do not assume you have unlimited time.

Does it matter if the Chicago daycare was licensed or unlicensed when it comes to a negligent hiring claim?

Both licensed and unlicensed daycares can face negligent hiring claims, but the analysis differs. A licensed daycare is bound by specific DCFS background check requirements under the Illinois Child Care Act of 1969 [225 ILCS 10] and DCFS Administrative Code Part 385. Failure to follow those requirements is strong evidence of negligence. An unlicensed daycare is operating illegally in the first place, which creates its own set of legal issues. In either case, the operator had a duty to take reasonable steps before hiring someone to care for children, and failing that duty can result in civil liability.

Briskman Briskman & Greenberg | 134 N. LaSalle St., Suite 1515, Chicago, IL 60602 | (312) 222-0010. This page is an advertisement. The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Past results do not guarantee similar outcomes in future cases. Clients may be responsible for costs and expenses even in contingency fee arrangements. Please consult with an attorney for advice specific to your situation.

More Resources About Causes of Daycare Accidents and Injuries

• Understaffing and Ratio Violations at Chicago Daycares
• Inadequate Supervision at Chicago Daycares
• Untrained and Uncertified Daycare Workers in Chicago
• Failure to Conduct Background Checks at Chicago Daycares
• Negligent Retention of Dangerous Workers at Chicago Daycares
• Failure to Train Staff on CPR and First Aid
• Failure to Train Staff on Allergy Protocols
• Failure to Follow State-Mandated Safety Protocols
• Unsafe Premises at Chicago Daycare Facilities
• Poor Building Maintenance at Chicago Daycares
• Inadequate Security and Access Control at Chicago Daycares
• Fire Safety Violations at Chicago Daycares
• Failure to Conduct Evacuation Drills at Chicago Daycares
• Transportation Accidents Involving Chicago Daycare Vans
• Field Trip Injuries at Chicago Daycares
• Failure to Follow Individual Care Plans at Chicago Daycares