Bullying and Peer-on-Peer Violence at Chicago Daycares

Every parent who drops their child off at a Chicago daycare trusts that the staff will keep their child safe, not just from accidents and equipment hazards, but from the other children in the room. Peer-on-peer violence and bullying at daycares is a real problem, and it causes real injuries. Biting, hitting, pushing, scratching, and repeated targeting of one child by another can leave toddlers and preschoolers with bruises, lacerations, dental injuries, and lasting emotional trauma. When a daycare fails to prevent these incidents through proper supervision and intervention, Illinois law may hold that facility accountable. If your child was hurt by another child at a Chicago daycare, a Chicago personal injury lawyer at Briskman Briskman & Greenberg can help you understand your options.

Table of Contents

• What Counts as Peer-on-Peer Violence at a Daycare?
• Illinois Law and a Daycare’s Duty to Supervise
• How Understaffing and Poor Supervision Create Dangerous Conditions
• What Injuries Can Result From Bullying and Peer Violence at Daycare?
• Steps to Take After Your Child Is Hurt by Another Child at a Chicago Daycare
• FAQs About Bullying and Peer-on-Peer Violence at Chicago Daycares

What Counts as Peer-on-Peer Violence at a Daycare?

Peer-on-peer violence at a daycare goes beyond the occasional squabble over a toy. It includes any physical act by one child that causes harm or injury to another, as well as repeated patterns of aggressive behavior that staff allow to continue without intervention. Biting is one of the most common forms among toddlers, and a serious bite can break the skin, cause infection, and leave permanent scarring. Hitting, kicking, scratching, hair-pulling, pushing into furniture, and throwing objects at other children all fall within this category.

Bullying in a daycare setting looks different from what most people picture in a school hallway. At this age, it often means one child repeatedly targeting the same peer during playtime, at the snack table, or on the playground equipment. A child in Lincoln Square or Pilsen who comes home with unexplained marks, flinches when dropped off, or suddenly refuses to eat at daycare may be experiencing repeated targeting by a peer. These behavioral changes are worth taking seriously.

The key legal distinction is not whether children sometimes behave aggressively, because they do. The question is whether the daycare staff knew or should have known about the risk and failed to act. A single incident may still give rise to a legal claim if staff were not properly supervising the group. A pattern of incidents almost certainly does. Either way, the daycare’s failure to protect your child is what matters most in a civil claim.

Illinois Law and a Daycare’s Duty to Supervise

Illinois daycares do not get a pass when one child hurts another. Under the Illinois Child Care Act of 1969 (225 ILCS 10), licensed day care centers must meet the standards set by the Illinois Department of Children and Family Services. Those standards carry the force of law. DCFS Rule 407, which governs licensing standards for day care centers, requires that child care staff shall provide appropriate supervision to children at all times. That is not a suggestion. It is a binding legal requirement.

DCFS Rule 407, Section 407.270 also requires that the day care center shall develop a guidance and discipline policy for staff use that is also provided to parents. That policy must address how staff respond to aggressive behavior between children. A daycare that has no written policy, or that has one on paper but ignores it in practice, is operating below the legal standard. Expulsion due to a child’s pattern of challenging behavior is prohibited under Rule 407, which means daycares cannot simply remove an aggressive child without following proper transition procedures. They are required to manage the behavior while keeping all children safe.

DCFS Rule 404 further reinforces that the use of discipline in the child care institution shall be in accordance with the standards set forth in the Department’s rulemaking, Part 384, Discipline and Behavior Management in Child Care Facilities. When a daycare ignores these standards and a child is hurt as a result, the facility may face civil liability. In Illinois, a negligence claim against a daycare requires showing that the facility owed your child a duty of care, that it breached that duty, and that the breach caused your child’s injuries. Violation of DCFS regulations is strong evidence of a breach.

How Understaffing and Poor Supervision Create Dangerous Conditions

Most peer-on-peer violence at Chicago daycares does not happen because staff are bad people. It happens because there are not enough of them watching the right number of children at the right time. Illinois sets specific staff-to-child ratio requirements by age group under DCFS Rule 407. When a facility cuts corners on staffing to save money, or when workers are pulled away from a group to handle paperwork or other tasks, the supervision gap creates the exact conditions where one child can hurt another without anyone intervening in time.

Think about a busy afternoon at a daycare near Wicker Park or Andersonville. There are twelve toddlers in a room, one teacher has stepped out, and the remaining staff member is managing a child who is crying across the room. In that moment, a child who has been aggressive before has the opportunity to bite or push another child with no one close enough to stop it. This is not an unlikely scenario. It is what happens when ratio requirements are ignored or when staffing is inadequate relative to the number of enrolled children.

Understaffing also affects a daycare’s ability to identify patterns. When staff are stretched thin, they may not notice that one child has targeted the same peer three times in a week. They may not document incidents properly or communicate concerns to parents. That failure to track and respond to a pattern of behavior is itself a form of negligence. If your child was repeatedly hurt and the daycare never told you, that lack of communication is a serious red flag and a potential element of your legal claim.

DCFS Rule 407 also requires that day care centers maintain a written statement of their discipline policy and that it be available to parents. If a facility cannot produce that document, or if the document exists but staff were never trained on it, that is evidence that the center was not operating as required by Illinois law.

What Injuries Can Result From Bullying and Peer Violence at Daycare?

The injuries children suffer from peer-on-peer violence at daycares range from minor to severe. Bites are among the most medically serious, because a human bite that breaks the skin carries a real infection risk and can cause permanent scarring. Bites to the face are especially concerning. A child pushed into a table corner or a hard floor can suffer a head injury, a concussion, or a skull fracture. A child whose arm is grabbed and twisted by another child can suffer a dislocated joint or a broken bone, including the type of elbow injury known as nursemaid’s elbow, which is common in young children.

Scratches to the eye can cause corneal damage and vision problems. A child who is repeatedly knocked down on a hard surface may suffer soft tissue injuries, sprains, or bruising that is not immediately visible. Facial injuries can leave lasting scars. And beyond the physical harm, children who are repeatedly targeted by peers at daycare often develop anxiety, sleep disturbances, regression in developmental milestones, and fear responses that require professional therapy to address.

These emotional and psychological injuries are compensable under Illinois law. Pain and suffering damages, emotional distress damages, and the cost of therapy and counseling can all be part of a personal injury claim for a child who was hurt at a Chicago daycare. Medical expenses, including emergency room visits, follow-up care, and any future treatment needed because of the injury, are also recoverable. Do not assume that because the injury was caused by another child rather than an adult, the daycare bears no responsibility. The facility’s duty to supervise extends to preventing exactly this kind of harm.

Steps to Take After Your Child Is Hurt by Another Child at a Chicago Daycare

The actions you take in the days immediately following a peer violence incident at a daycare can make a significant difference in any future legal claim. Start by getting your child medical attention, even if the injury looks minor. A bite, a bump to the head, or an arm that a child is favoring may be more serious than it appears. A medical record created close in time to the incident documents the injury and ties it to the daycare setting.

Photograph every visible injury as soon as possible, before swelling or bruising fades. Write down everything your child tells you about what happened, using their exact words. Ask the daycare for a written incident report and keep a copy. Under DCFS Rule 407, day care centers are required to maintain records, and those records can become critical evidence. If the daycare refuses to provide documentation or gives you a vague or dismissive response, that itself is important information.

Report the incident to the Illinois DCFS Child Abuse and Neglect Hotline at 1-800-252-2873. If you believe a daycare is not meeting state licensing standards, you may make a complaint to the local DCFS Licensing Office or by calling the Child Abuse Hotline at 1-800-252-2873. A DCFS licensing representative will investigate your complaint and report the results back to you. A DCFS investigation can uncover staffing violations, prior complaints, and documentation failures that support your civil claim.

Talk to an attorney before signing anything the daycare or its insurance company puts in front of you. Daycare operators and their insurers may try to resolve the matter quickly and cheaply. The attorneys at Briskman Briskman & Greenberg handle daycare injury cases throughout Chicago, from Logan Square to South Shore to the Gold Coast. Call us at (312) 222-0010 for a free consultation. There is no fee unless we recover compensation for your family.

FAQs About Bullying and Peer-on-Peer Violence at Chicago Daycares

Can I sue a Chicago daycare if another child hurt my child?

Yes, in many cases you can. A daycare’s legal duty is to supervise all children in its care and prevent foreseeable harm. When a child is injured because staff failed to properly supervise the group, allowed a known aggressive child to continue targeting peers, or violated DCFS staffing and supervision requirements, the facility may be held liable under Illinois negligence law. The fact that the injury was caused by another child rather than a staff member does not eliminate the daycare’s responsibility.

What if the daycare says the incident was just “kids being kids”?

That response does not end your legal options. Illinois law requires daycares to actively supervise children and to have written guidance and discipline policies in place. Repeated aggressive behavior, or a single incident that causes real injury, is not something a properly supervised daycare should dismiss. If the facility failed to intervene, failed to document the incident, or failed to notify you, those are potential violations of DCFS licensing standards under Rule 407.

What if my child was hurt more than once by the same child at the daycare?

A pattern of repeated incidents strengthens your claim significantly. If a daycare knew or should have known that one child posed an ongoing risk to others and failed to take corrective action, that failure is strong evidence of negligence. Under DCFS Rule 407, daycares are required to maintain discipline policies and manage challenging behaviors. Allowing a pattern of peer violence to continue without intervention is a clear breach of that duty.

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

Illinois has specific time limits for filing personal injury claims. For injuries to minor children, the statute of limitations is generally tolled, meaning paused, until the child turns 18, but there are important exceptions and strategic reasons to act sooner rather than later. Evidence can disappear, witnesses’ memories fade, and surveillance footage is often overwritten within days or weeks. Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible to protect your rights.

Does it matter if the daycare is unlicensed?

Operating a daycare without a license in Illinois is itself a violation of the Illinois Child Care Act of 1969 (225 ILCS 10). An unlicensed facility cannot claim it was following state standards it was never subject to. You can still pursue a civil negligence claim against an unlicensed daycare. In fact, operating without a license may make it easier to establish that the facility fell below the standard of care owed to your child. An attorney can help you identify all potentially liable parties, including the property owner and any individuals who operated the facility.

Briskman Briskman & Greenberg is a personal injury law firm located in Chicago, Illinois. This page is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Past results do not guarantee similar outcomes in future cases. If your child has been injured, contact our office directly at (312) 222-0010 to discuss the specific facts of your situation.

More Resources About Abuse, Neglect, and Misconduct by Daycare Staff

• Physical Abuse by Chicago Daycare Workers
• Sexual Abuse and Molestation at Chicago Daycares
• Emotional and Verbal Abuse at Chicago Daycares
• Supervisory Neglect at Chicago Daycares
• Medical Neglect at Chicago Daycares
• Nutritional Neglect and Starvation at Chicago Daycares
• Hygiene Neglect at Chicago Daycares
• Corporal Punishment at Chicago Daycares
• Unlawful Restraint and Timeout Room Injuries at Chicago Daycares
• Duct Tape and Binding Abuse Cases at Chicago Daycares
• Leaving a Child Unattended at Chicago Daycares
• Leaving a Child in a Vehicle at Chicago Daycares
• Failing to Release Child to Authorized Parent at Chicago Daycares
• Releasing Child to Unauthorized Adult at Chicago Daycares