Alexis Dominguez alleges a day care worker in Texas can be seen smothering and hitting her 2-year-old son to try to get him to sleep during naptime in 2023. (Photos courtesy of the family’s lawyers)
A Texas mother is suing a day care center after one of its workers was allegedly seen on a live video feed smothering her 2-year-old son with a blanket and slapping him repeatedly in the face and head to try to get him to go to sleep during naptime.
Alexis Dominguez filed her lawsuit against The Children’s Courtyard in Austin, alleging the facility used prohibited and cruel punishment tactics on her toddler and failed to report it to state authorities despite the seriousness of the allegations, according to the complaint.
“Clearly The Children’s Courtyard did not value my son’s safety or express concern for his well-being,” Dominguez said in a statement. “Anyone with basic common sense understands that smothering and hitting a child is completely unacceptable. Everything was on camera.”
The allegations stem from July 27, 2023. The boy’s father checked on his son through the day care’s live feed video surveillance and was “shocked and horrified by what he saw was happening to his son,” court documents said.
The footage showed the boy, identified in court papers as L.D., lying down, his caregiver sitting on the floor beside him. The caregiver can be seen smothering the boy with a blanket “from head to toe” while the other children slept, the lawsuit alleges.
“When L.D. was unable to fall asleep, the caregiver pulls the covers off L.D.’s head and repeatedly slaps L.D. on his face and head with great force as a form of discipline,” the lawsuit said. “L.D. is seen attempting to cover his face and head with his own hands from the repeated slaps. The caregiver-employee then covers L.D.’s entire body back up with the blanket where she proceeds to continuously smack L.D. on his back with unnecessary force causing his whole body to rock back and forth with each blow.”
The father reported the incident to the day care’s management but was shocked when the facility didn’t report it to the authorities, court documents said.
After he reported it, an independent investigation by the Texas Health and Human Services Commission Child-Care Licensing Division and the Texas Department of Family and Protective Services cited the facility for five child safety violations including physical abuse of a child, using prohibited punishment tactics, allowing a caregiver who posed a risk to a child’s safety to remain with children for additional time, and failing to report the incident, the lawsuit said.
The family also claims they learned that the facility has received prior citations, inspections, investigations, and deficiencies for safety from the state’s Health and Human Services Commission since 2019.
“The serious safety issues at The Children’s Courtyard are full of alarm bells and red flags,” said Dominguez’s lawyer, Russell Button, in a statement. “It is clear this day care center does not prioritize child safety based on the treatment of our client’s child and this facility’s track record. Abuse accusations at any day care 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.”
In a statement, Children’s Courtyard said, “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.”
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