How to Preserve Evidence After a Child Dies at Daycare Without a Lawyer Yet

If your child died at a daycare and you do not yet have an attorney, you can and should send an evidence preservation demand today. Surveillance footage may be overwritten under a facility's retention policy. Send an immediate written preservation request by certified mail to the facility director and its insurer; the request documents what you asked them to preserve.

You do not need a lawyer to send this letter. You need to send it before a lawyer is available.

What Evidence Is at Risk

When a child dies at a daycare, the following evidence can disappear within days if not preserved:

• Surveillance camera footage — retention periods depend on the system. Ask the facility to preserve footage from the day of the event.
• Staff-to-child ratios — daily attendance logs and staff rosters can be altered or discarded during routine administrative cleanup.
• Incident and accident reports — the daycare's internal documentation of the event, prior incidents, and near-misses at the same facility.
• Staff qualification records — CPR certifications, background checks, training records, and licensing documentation.
• Communication logs — text messages, emails, or app notifications between staff members around the time of the incident.
• Maintenance and inspection records — equipment inspection logs, playground surface testing, pool barrier compliance records.

How to Send a Spoliation of Evidence Letter

A Spoliation of Evidence letter is a formal written demand asking the recipient to preserve documents, footage, and records related to an incident. The legal term "spoliation" refers to the destruction of evidence. A written demand documents what the family asked to preserve; if evidence is later lost or destroyed, its legal effect depends on the facts and jurisdiction.

The letter must be sent via a traceable method. Certified mail with return receipt is the standard. Email with delivery and read receipts is an acceptable backup for speed, but follow it with the certified hard copy.

What to Include

The demand should specify:

1. The incident — date, location, and a brief description
2. The categories of evidence — surveillance footage, staff records, incident reports, communications, maintenance logs, licensing documents, attendance records
3. The time period — the day of the incident and any related period your attorney advises you to include
4. The preservation request — a clear request that the recipient preserve all listed materials
5. Your contact information — where to send confirmation of compliance

Timing

Send the letter the same day you are able to compose it. If you cannot write the letter yourself, the After an Accidental Child Death toolkit includes a ready-to-send template with all required elements — you fill in the incident details and mail it.

What Happens After You Send It

Keep proof that the daycare received your written request. It does not guarantee compliance or a particular court remedy; an attorney can assess what steps or legal process are appropriate for your case.

If the daycare is part of a chain or franchise, send the letter to both the local facility and the corporate parent. Corporate legal departments are more likely to enforce a preservation hold.

Who This Is For

• Parents whose child died at a daycare, preschool, babysitter's home, or any childcare facility with potential surveillance equipment
• Family members acting on behalf of incapacitated parents who cannot compose the letter themselves
• Anyone whose child died in a facility accident and whose attorney consultation is days away but footage could be overwritten tonight
• Parents who are unsure whether they will pursue legal action but want to preserve the option

Who This Is NOT For

• Parents whose child died at home or in a location with no third-party surveillance or records to preserve
• Anyone who already has an attorney actively managing evidence preservation
• Parents seeking emotional support (this is a procedural guide for a specific legal-adjacent task)

Beyond the Letter: The Full Evidence Trail

Surveillance footage is the most time-sensitive element, but it is not the only evidence at risk. The complete preservation picture includes:

Licensing records — ask your state's childcare licensing agency how to review minimum-standards compliance histories and file a formal complaint.

Your own documentation — photographs of your child's injuries (if visible), the clothing they were wearing, any belongings returned to you, and a written account of every communication with the daycare from the day of the incident forward.

Medical records — ask the providers and medical examiner's office for copies of emergency room records, ambulance reports, and preliminary findings, and ask what authorization is required.

The After an Accidental Child Death toolkit covers the full evidence preservation process — the Spoliation of Evidence letter template, the documentation checklist, and the timeline of what to preserve and when — alongside the medical examiner process, insurance claims, and family triage protocols that run in parallel.

Frequently Asked Questions

Can the daycare legally destroy footage after I send the letter?

The letter documents that you asked the recipient to preserve evidence. If evidence is later lost or destroyed, a lawyer can assess its legal effect and any available remedies under the law that applies to your case.

What if the daycare says they do not have cameras?

Request this denial in writing. Many parents discover after the fact that cameras existed in areas the facility did not disclose. A lawyer can advise what records or legal process may be available to locate footage.

Should I confront the daycare staff directly?

No. Limit all communication to writing. Anything you say in person can be paraphrased inaccurately in their records. The preservation letter is your first communication, and it sets the tone: documented, formal, traceable.

How soon after the accident should I send the letter?

As soon as you can. The research recommends an immediate written request because footage may be overwritten under the facility's retention policy.