Family sues Spring daycare after allegations of child neglect, toddler left in bathroom for hours

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Family claims daycare left child alone for hours

FOX 26 Reporter Sherman Desselle spoke with the parents about what happened and why they're now suing the daycare.

A family in Spring is suing a local daycare facility, Kiddie Academy of Harmony, after they claim their two-year-old daughter was left unattended in a bathroom for nearly four hours. 

The parents allege that no staff checked on the child during this time.

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According to attorneys representing the family, a state investigation has raised concerns about the daycare's practices, with a whistleblower indicating that the owners may have attempted to cover up the incident. A former employee recently provided statements in a deposition, claiming they were pressured not to discuss the situation.

Mark and Vivian Francis, the parents of the child, reported receiving conflicting accounts from the daycare regarding what transpired. 

Mark Francis recounted a conversation with the daycare's director, who warned him that the state investigation would present false information.

"She just said, 'Hey, by the way, the state has an investigation going on. But what they're going to tell you is a lie. Don't worry about it,'" he said.

Further inquiries revealed that the Texas Health and Human Services (HHS) Child Care Regulation Office had documented multiple violations of minimum standards at the facility. Reports indicated that the child was left unsupervised in a bathroom with a heavy door that she could not open. 

"Now we're not talking five minutes, a little mistake," said Vivian Francis. "We're talking about hours that you didn't know where my child was."

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The daycare, which has surveillance cameras and provides parents with daily activity reports, reportedly has no recorded activity for the child before lunch at 11:40 a.m., despite her being dropped off around 7 a.m. Additionally, the interior camera footage from the days in question had been deleted.

Mark Francis raised further concerns about the daycare's accountability, saying, "You got everything to prove your story, but you're telling us a story and then deleting anything that would prove your story. That's really concerning. What else is going on? It's one thing to mess up. It's another thing to own it."

Attempts to reach the attorneys representing Kiddie Academy of Harmony for comment have not been successful. 

"Mr. and Mrs. Francis entrusted their child with this daycare, believing it was a safe and nurturing environment for her to grow," said Bradley Leger, Managing Member of Leger Ketchum & Cohoon, PLLC. "As evident in our findings, not only did Kiddie Academy of Harmony commit fraud, but they failed the Francis family, who are now dealing with the repercussions of their child’s neglect and abuse." 

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Attorneys also say the ordeal left lasting effects on the child, such as significant separation anxiety and developmental regression.

The family is pursuing legal action to seek accountability and ensure the safety of children in daycare facilities. More court proceedings are set to happen soon.