The plaintiffs Haley Van Every and Christopher Schwarz say a caregiver at The Learning Junction Early Education Center smoked a THC vape pen in the classroom for months while caring for several infants, including their daughters. The lawsuit claims the caregiver often vaped within inches of the babies' faces and that the daycare center's director and owner failed to intervene, report the dangerous behavior, or notify parents as required under Texas law.
According to the complaint, Ring camera footage reviewed by law enforcement showed the caregiver retrieving the vape pen from inside her purse or tucked into her bra. After smoking the vape pen repeatedly, she would cough, spray Lysol to mask the odor, and handle infants while under the influence. The footage also showed infants at The Learning Junction Early Education Center were left unattended, handled roughly, and experienced unsanitary feeding and diaper-changing practices, all unsafe practices that are against the law, per the complaint.
On Nov. 19, 2024, Van Every's 9-month-old daughter began acting lethargic and unsteady after being picked up from the daycare center, per the suit. At a local emergency room, the child tested positive for Carboxy-Delta-9-THC, a metabolite of marijuana. Her test detected THC levels 132 times the minimum threshold for a positive result, according to the complaint.
The complaint states that during interviews with law enforcement and state investigators, the caregiver admitted she brought a THC vape pen to the daycare two to three days a week, smoked it inside the infant classroom several times a day, dropped it on the classroom floor, and sprayed Lysol to cover the smell.
Despite knowing about the allegations and reviewing footage from that day, the director at The Learning Junction Early Education Center did not fire the caregiver and allowed her to continue working with children, per the lawsuit.
The Texas Department of Family and Protective Services later cited The Learning Junction Early Education Center for 24 safety violations, including failing to maintain a drug-free environment, not protecting infants from abuse or neglect, improper supervision, unsafe sleep practices, and unsanitary food and diaper-changing practices. As a result, the daycare center's childcare license was placed on a minimum one-year probation after the state agency noted an extensive pattern of health and safety failures.
"This is one of the most shocking childcare failures we have seen," says daycare injury attorney Russell Button of The Button Law Firm, who represents the families. "These babies were forced to inhale THC vape smoke before they were even old enough to crawl. Surveillance footage shows a caregiver vaping in the infant classroom, coughing, using Lysol to hide it, all while The Learning Junction Early Education Center's leadership turned a blind eye."
Button says the families are deeply concerned about the long-term developmental impact the THC exposure at The Learning Junction Early Education Center will have on their infant daughters: "Exposing developing infants to THC and vape chemicals carries serious long-term health risks. In this case, critical childcare laws that are supposed to protect children in Texas daycare centers were ignored."
The case is Haley Van Every, Individually and as parent and next friend of A.F., a minor child; and Christopher Schwarz, Individually and as parent and next friend of R.S., a minor child, vs. Every Child Learns, LLC d/b/a The Learning Junction Early Education Center, Cause No. 25-3500C480 in the 480th Judicial District Court in Williamson County, Texas. A copy of the complaint can be accessed here.
About The Button Law Firm
The Button Law Firm (buttonlawfirm.com) is a Texas-based personal injury law firm dedicated to protecting children. The firm represents kids in daycare and child injury cases to help families achieve life-changing results and justice against bad daycare centers, schools, and companies that abuse and neglect the safety of children. With offices in Dallas, Houston, and Midland, The Button Law Firm stands by families across the Lone Star State, working to hold negligent organizations accountable and make communities safer for every child.
SOURCE The Button Law Firm
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