Dad sees day care worker hit and smother his child on camera, Texas lawsuit says
UPDATE: This story has been updated with a response from the Austin Police Department.
While at work, a father checked on his 2-year-old son at day care. He took a look at the live video surveillance footage provided by the facility and saw his son lying down for nap time.
But the man says he was shocked by what happened next.
As the parent watched the feed on July 27, 2023, he witnessed his “worst nightmare,” according to a Texas lawsuit filed on July 2. A day care worker was smothering the toddler with a blanket in an attempt to keep him quiet during nap time, later hitting him when he did not fall asleep, according to the complaint.
The father rushed to the Children’s Courtyard in Austin to confront staff about what he had seen, according to the lawsuit.
The day care didn’t report the abuse to state officials and law enforcement, the lawsuit said. Rather, the parent made the report.
Now, the child’s mother is seeking $1 million in damages for the child’s physical and emotional injuries caused by the abuse, according to the lawsuit.
“The health and safety of the children we serve is our highest priority. While we can confirm that the employee(s) in question are no longer employed at The Children’s Courtyard, and we consistently inform and partner with all relevant regulatory authorities, we cannot comment further on ongoing litigation,” a spokesperson for the Children’s Courtyard said in a statement to McClatchy News.
Video footage from the day care showed the 2-year-old boy lying down for a nap with the worker sitting next to him, according to the lawsuit. The employee put a blanket over his entire body to keep him quiet as children slept in the room, the complaint said.
When the toddler would not fall asleep, according to the lawsuit, the caregiver pulled the blanket off of the child and repeatedly hit him in the face and head. Video showed the child trying to cover his face and head with his hands to block the hits from the caregiver, the lawsuit said.
The repeated slaps caused the young child’s body to “rock back and forth with each blow,” according to the complaint.
After the incident was reported to authorities, the day care told the 2-year-old’s parents that the accused worker would be suspended for one day, the lawsuit said. The parents removed the child from the day care.
Then, the Texas Health and Human Services Commission Child-Care Licensing Division and the Texas Department of Family and Protective Services looked into the incident and cited the day care for five violations.
The investigation found the day care abused the child, covered his head with a blanket, used prohibited punishment to discipline the child and allowed the caregiver to stay around children for three hours after learning of the abuse, according to state records. The investigation also found the day care did not report the abuse.
“Abuse accusations at any daycare center should be taken seriously, and centers should employ caregivers who comply with the clear procedures required by law to protect children under their watch,” attorney Russell Button said in a statement.
It was not clear if the day care worker faced criminal charges. The Austin Police Department said they did not have a record of a report.
But these aren’t the first citations for Children’s Courtyard in the last five years, according to records. The day care has been cited 70 times since 2019, according to state records.
This story was originally published July 12, 2024 at 1:06 PM with the headline "Dad sees day care worker hit and smother his child on camera, Texas lawsuit says."
