Parents claim one of the center's owners taped their son, an 18-month-old at the time, to his nap mat because he didn't want to stay down.
Attorneys for the boy's family said a teacher was shocked by what she saw, so she took pictures and shared them. She quit her job that day.
The lawsuit also alleges children were sometimes slapped in the head during a diaper change if they soiled their diapers. It also says the daycare only allowed children to drink twice a day to cut down on diaper changes.
Additionally, the lawsuit says one other boy and a girl on a separate occasion were duct taped to their mats during naps, and that one of the owners of Heart2Heart said at a meeting with other parents that the duct tape incident had never happened before.
"Behavior like that is an unconscionable breach of the faith that parents place in child care providers," said Jeffrey Rasansky with the Rasansky Law Firm. "This lawsuit was necessary to ensure that this incident is properly investigated so that no other child is ever treated this way."
The boy's parents, Kristi and Brad Galbraith, are asking for no less than $200,000 and no more than $1 million in damages.
As they learned more about the allegations, they said that changes they saw in their son's behavior seemed to fall into place.
“He started screaming terribly when you go to change his diaper, and then he would start hitting himself in the head,” said Brad.
An attorney for Heart2Heart Montessori School said the employee who was accused of doing the taping no longer works at the day care.
The school also reportedly installed cameras and added regular liquid breaks for children.
The state licensing department and police are still investigating the case. No arrests have been made.
Kristi says her advice is for other parents is to make frequent visits to their child's day care.
“And you watch your kid and see how they're doing when you drop them off, and see how they're doing when you pick them up, and ask questions and you listen,” said Kristi.
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