Obtaining Surveillance Footage From Chicago Daycares

When your child is hurt at a Chicago daycare, surveillance footage can be the most important piece of evidence you have. It can show exactly what happened, who was present, and whether staff acted responsibly. Getting that footage quickly, and knowing your legal rights around it, can make a real difference in your case. At Briskman Briskman & Greenberg, our team has helped injured children and their families in Chicago, from neighborhoods like Logan Square and Pilsen to the South Loop and Wicker Park, pursue the accountability they deserve.

Table of Contents

• Why Surveillance Footage Matters in Chicago Daycare Injury Cases
• Illinois Law and Surveillance Requirements at Licensed Daycares
• How to Demand Preservation of Surveillance Footage After a Daycare Injury
• What Happens If a Daycare Destroys or Withholds Surveillance Footage
• How an Attorney Obtains Surveillance Footage Through Discovery
• FAQs About Obtaining Surveillance Footage From Chicago Daycares

Why Surveillance Footage Matters in Chicago Daycare Injury Cases

Surveillance footage is often the clearest window into what actually happened to your child. Eyewitness accounts can conflict, staff members may not be truthful, and incident reports written by the facility itself are rarely objective. Video, when it exists and is preserved, removes much of the guesswork.

Think about a child who suffers a head injury at a daycare center near Lincoln Park. The director says it was an accident on the playground. The footage, however, might show that the child was left unsupervised for an extended period, that a staff member was distracted, or that the injury happened in a way that contradicts the official story. That difference can determine whether a family receives fair compensation or nothing at all.

Footage from indoor cameras can document falls from changing tables, physical abuse by staff, unsafe sleep practices, and whether proper supervision was maintained. Outdoor cameras often capture playground equipment injuries, falls from climbing structures, and how quickly staff responded. Entry and exit cameras can show unauthorized adults picking up children, a serious safety failure on its own.

In cases involving physical abuse by daycare workers, shaken baby syndrome, or emotional and verbal abuse, video footage can corroborate what a young child cannot clearly explain. Children, especially infants and toddlers, often cannot tell their parents what happened. The footage speaks for them.

Beyond proving what happened, surveillance footage also helps establish the pattern of negligence at a facility. If cameras show that a single worker routinely supervises more children than Illinois regulations allow, that footage supports claims rooted in understaffing and ratio violations. It can also show whether the daycare’s premises were unsafe, whether equipment was defective, and whether staff training was adequate.

Illinois Law and Surveillance Requirements at Licensed Daycares

Illinois has moved toward requiring video surveillance at licensed daycare facilities. Illinois House Bill 4521 proposed amending the Child Care Act of 1969 to require each licensed day care center to maintain a video security system and video surveillance of all public areas within the premises, including hallways, entrances, play areas, common rooms, and eating areas. Video surveillance would not take place in private areas such as bathrooms and changing areas.

The proposed legislation also required each licensed day care center to notify all parents of children attending the center that public areas are under video surveillance, and to post a sign at the entrance informing visitors that the area is under surveillance. Even where surveillance requirements are not yet fully codified, many Chicago daycares voluntarily operate camera systems as a safety measure and to protect themselves from liability claims.

En virtud de la Child Care Act of 1969 (225 ILCS 10), licensed daycare centers in Illinois must comply with DCFS licensing standards, which are enforced through regular inspections. In almost all instances, monitoring visits by DCFS are unannounced, and all licensees are subject to unannounced monitoring at least annually. If a licensee is cited for violations during a monitoring visit, a record of those violations and their status can be found on the DCFS Monitoring Look-up database.

For families dealing with injuries at unlicensed daycares, the situation is more complicated. Unlicensed facilities are not subject to the same oversight, and they may not have cameras at all. However, the absence of safety measures, including surveillance, can itself be evidence of negligence in a civil lawsuit.

How to Demand Preservation of Surveillance Footage After a Daycare Injury

Most daycare surveillance systems overwrite footage automatically after a set period, often 30 to 90 days. Once that footage is gone, it is gone. Acting fast is not optional. It is essential.

The moment you suspect your child was injured due to negligence at a Chicago daycare, the first legal step is to demand in writing that the facility preserve all surveillance footage from the day in question. This written demand, often called a preservation letter or litigation hold notice, puts the daycare on formal notice that the footage is relevant to a potential legal claim.

The Supreme Court of Illinois has recognized that “a potential litigant owes a duty to take reasonable measures to preserve the integrity of relevant and material evidence.” Illinois trial courts may impose Rule 219(c) sanctions upon a party who unreasonably fails to comply with discovery rules, including by failing to produce relevant evidence because it was destroyed prior to the filing of a lawsuit.

Under Illinois law, a possessor of surveillance video owes a duty of reasonable care to preserve the video if a reasonable person in the possessor’s position should have foreseen that the surveillance video was material to a potential civil action. In the context of a child injury at a daycare, it is difficult for a facility to argue they did not foresee potential litigation after a serious incident.

There are circumstances when destroying potential evidence before a request for its production was ever made can lead to sanctions even if there is no specific statute that required the records be kept. The Illinois Supreme Court has noted that failure to produce relevant evidence because it was destroyed prior to filing a lawsuit can be sanctioned because of the duty a potential litigant owes to preserve relevant and material evidence.

Do not rely on a phone call. Send a written demand by certified mail and email immediately. An attorney can send this notice on your behalf, which carries significant legal weight and signals that litigation may follow if the footage is not preserved.

What Happens If a Daycare Destroys or Withholds Surveillance Footage

If a daycare deletes, overwrites, or refuses to produce surveillance footage after receiving a preservation demand, that conduct has serious legal consequences. Illinois courts treat the destruction of relevant evidence, called spoliation, as a significant violation.

Illinois courts have adopted sanctions for spoliation, including barring the offending party from maintaining certain claims or defenses, and adopting adverse inferences, where the court may decide all reasonable presumptions against the party who destroyed the evidence. In plain terms, if a daycare destroys footage after being told to keep it, a judge or jury can be instructed to assume the footage would have shown something harmful to the daycare’s case.

To state a cause of action for negligent spoliation of evidence in Illinois, a plaintiff must show the existence of a duty to preserve evidence owed by the defendant, a breach of that duty, an injury or damages proximately caused by the breach, and damages. Where a daycare center operates cameras, receives a preservation demand, and then allows footage to be overwritten, each element of that claim may be satisfied.

A daycare that withholds footage during discovery faces additional consequences under Illinois Supreme Court Rule 219(c). Consequences can include monetary sanctions, dismissal of claims, entry of default judgment, or adverse inference instructions. Judges in Illinois and federal courts have broad discretion under Rule 219(c) to penalize spoliation of evidence.

If you are dealing with a facility near areas like Hyde Park, Bridgeport, or Humboldt Park that is refusing to cooperate, an attorney can seek a court order compelling production of the footage. The Daley Center in downtown Chicago handles many of these civil matters, and courts take evidence destruction seriously.

How an Attorney Obtains Surveillance Footage Through Discovery

Once a lawsuit is filed, your attorney can obtain surveillance footage through the formal discovery process. Illinois Supreme Court Rules allow for the production of documents and tangible things, and video recordings fall squarely within that category. A properly drafted discovery request will demand all surveillance footage, backup copies, cloud storage records, and any logs showing when footage was accessed or deleted.

In some cases, footage may be stored off-site by a third-party security company. Your attorney can subpoena that company directly to obtain the recordings. Security system vendors, cloud storage providers, and even internet service providers connected to the daycare’s system may hold copies of footage that the daycare itself claims no longer exists.

Attorneys also use depositions to question daycare staff, directors, and security personnel about the camera system. Where was each camera located? How long does the system retain footage? Who has access to delete recordings? These questions, answered under oath, create a record that is difficult to walk back.

In cases involving physical abuse, sexual abuse, or shaken baby syndrome at a Chicago daycare, footage from neighboring businesses or city cameras may also be relevant. Chicago’s network of public surveillance cameras, known as the Integrated Public Safety Command (IPSC) system, covers many city blocks. Traffic cameras, business cameras along commercial corridors, and building security systems near the daycare may have captured relevant events, especially involving drop-off and pick-up times.

The attorneys at Briskman Briskman & Greenberg understand how to investigate these cases thoroughly. If your child was hurt at a Chicago daycare and you need help preserving or obtaining surveillance footage, call us at (312) 222-0010. Time is critical, and acting quickly can protect your family’s legal options.

FAQs About Obtaining Surveillance Footage From Chicago Daycares

How long do Chicago daycares keep surveillance footage?

Most daycare surveillance systems overwrite footage automatically, typically within 30 to 90 days depending on the system’s storage capacity and settings. Some facilities may retain footage longer, but there is no universal rule. This is why contacting an attorney immediately after a daycare injury is so important. The longer you wait, the greater the risk that critical footage no longer exists.

Can I personally request surveillance footage from a daycare, or does it have to go through a lawyer?

You can make a written request to the daycare directly, but a formal preservation letter from an attorney carries far more legal weight. A lawyer can send a demand that puts the facility on notice of potential litigation, which creates a legal obligation to preserve the footage. If the daycare ignores your personal request, there may be less legal recourse than if it ignored a formal attorney demand.

What if the daycare says there is no footage or that their cameras were not working?

This claim should be investigated, not simply accepted. An attorney can request maintenance logs, camera system records, and testimony from staff about the system’s operation. If a camera was conveniently not working on the day your child was injured, that fact itself may be relevant to your case. Courts can draw negative inferences when evidence that should exist does not, especially if the explanation is suspicious.

Does Illinois law require daycares to have surveillance cameras?

Illinois has been moving in the direction of mandatory video surveillance for licensed daycare centers, with proposed legislation under the Child Care Act of 1969 calling for cameras in all public areas of licensed facilities. Whether a specific facility is required to have cameras depends on current licensing requirements and any applicable local ordinances. An attorney familiar with Illinois DCFS regulations can assess your specific situation.

What should I do right now if my child was just injured at a Chicago daycare?

Seek medical attention for your child first. Then document everything you can, including your child’s injuries, the date and time of the incident, and any statements made by staff. Contact an attorney as soon as possible so a preservation letter can be sent to the daycare before footage is overwritten. Do not sign any documents from the daycare or speak with their insurance company before consulting with a lawyer. Call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation.

This content is provided by Briskman Briskman & Greenberg, 351 W. Hubbard Street, Suite 650, Chicago, IL 60654. This page is intended for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee similar outcomes in future cases.

More Resources About The Legal Process for Daycare Injury Claims in Chicago

• How to File a Daycare Injury Lawsuit in Illinois
• Statute of Limitations for Daycare Injury Cases in Illinois
• Preserving Evidence After a Chicago Daycare Injury
• Using Expert Witnesses in Chicago Daycare Injury Cases
• Medical Experts in Daycare Injury Litigation
• Child Development Experts in Daycare Cases
• Depositions in Illinois Daycare Injury Cases
• Settlement Negotiations in Chicago Daycare Injury Cases
• Taking a Daycare Injury Case to Trial in Illinois
• Mandatory Reporting Requirements for Chicago Daycare Workers
• How to Report Daycare Abuse and Neglect in Chicago
• How DCFS Investigations Affect Illinois Daycare Injury Claims
• Criminal Charges vs. Civil Lawsuits in Daycare Abuse Cases
• How a Chicago Daycare Injury Lawyer Investigates a Case
• Dealing With Daycare Insurance Companies in Illinois