CHARLESTON – Five more lawsuits have been filed against a Cross Lanes daycare center for the abuse and mistreatment students.
The five latest complaints were filed November 5 and 6 in Kanawha Circuit Court against Amy Williams, Amber Seiler and Dreamland Development LLC doing business as Cross Lanes Child Care and Learning Center.
These lawsuits follow four others filed last week.
Cary
| Courtesy photo
“We’re standing shoulder to shoulder with the families affected, committed to making sure every wrong is made right and every voice is heard,” attorney Michael Cary told The West Virginia Record. “We won’t stop, we won’t waver, and we won’t rest until every child hurt by this abuser gets the justice they deserve. This is our promise to these families: it began with justice, and it will end with justice.
"We are committed to standing up for our children, tackling each challenge one lawsuit at a time. This ongoing battle fuels our determination, and we are fully prepared to fight and win. We have nine lawsuits filed, and more are coming."
On October 27, the West Virginia Department of Human Services placed the facility on provisional license status and reduced the facility’s capacity to zero.
Williams is the director of the child care center, and Seiler is a former daycare worker at the facility who taught F.B.’s three-to-four-year-old classroom.
Seiler, 29, of Kenova has been charged with two counts of misdemeanor battery in addition to a felony count of battery and assault of a disabled child. She currently is being held at South Central Regional Jail on a $50,000 bond along with two $1,500 bonds for the misdemeanors. A preliminary hearing is scheduled for November 6.
Each of the complaints say eyewitness testimony shows Seiler physically and emotionally abused children in her classroom.
In the first new complaint filed by Wesley and Brittany Halstead as the parents of a boy identified only as N.H., who was enrolled in Seiler’s four-year-old classroom.
The complaint says N.H., who has been diagnosed with ADHD, suffered an abrasion to his head in November 2023 when Seiler beat his head against a table. It also says another worker in the classroom witnessed Seiler hit N.H. in the mouth several times and beat him over his buttocks.
The second complaint was filed by Brittany Withrow as mother of a boy identified only as K.W., who also was enrolled in Seiler’s four-year-old classroom.
The complaint says Seiler grabbed K.W. by his arm and dragged him across the room before throwing him in time out. The boy also says Seiler slapped him in the face at least once, and the complaint further claims Seiler withheld food from K.W. as punishment “simply because she didn’t like his behavior.” The complaint also says K.W.’s sibling witnessed the abuse of her brother.
The third complaint was filed by Robert Nelson as father of a girl identified only as A.N., who says Seiler withheld food from her as well and made her sit against the wall for extended periods of time. The complaint also says Seiler caused bruising on her arms and legs.
The fourth complaint was filed by Stephanie Wychunas as mother of a boy identified also as K.W., who says he witnessed Seiler spitting on children in the classroom “so many times that he has been mimicking her actions.”
“This repeated exposure to such conduct has had a notable impact on the minor child, who has now internalized and begun to replicate this behavior in other environments which include spitting on his parents when he becomes upset or frustrated,” the complaint states. “The minor child’s replication of such behavior highlights the detrimental effect defendant Seiler’s actions have had on the minor child, extending beyond the classroom and into his personal relationships and emotional responses.”
The fifth complaint was filed by Brittney Anderson as parent of a boy identified as J.A., who also witnessed Seiler spitting on other children and physically abusing them. The complaint also says Seiler punched J.A. in the head, and it says the boy has internalized these behaviors and has been experiencing bedwetting since attending the facility.
The complaints also say recorded audio footage from inside Seiler’s classroom has Seiler screaming at children, including:
X “Put your heads down now!” followed by crying.
X “You don’t tell Ms. Mary no! Do you understand me?”
X Slamming an item down to create a loud noise before yelling at an unknown child that he “will not get any special treats or toys or have any fun this week.”
X Seiler is heard slapping a child and demanding the children need to “keep their heads down.”
“Witness accounts reveal consistent incidents where defendant Seiler’s behavior crossed acceptable boundaries, manifesting in ways that caused both immediate and lasting distress to the children under her care and further suggest a deliberate misuse of authority and a betrayal of the trust placed in educators to create a safe and nurturing environment,” the complaints state. “Defendant Amber Seiler’s conduct was atrocious, intolerable and so extreme and outrageous as to exceed the bounds of decency.”
The complaints also say multiple employees reported Seiler’s abuse to Williams, who responded with intimidation tactics or outright dismissal of the allegations.
“According to multiple accounts, when staff members brought forward their concerns about the ongoing abuse, defendant Williams would either threaten them with termination or deliberately ignore their reports, thereby creating a culture of fear and silence,” the complaints state. “Even more troubling, defendant Williams has terminated former employees for reporting the abuse witnessed by defendant Seiler and other employees inside the classrooms and also enforced a ‘no phone policy’ for all employees working inside classrooms to further hide the abuse of the minor children that took place inside the daycare center’s classrooms.”
The complaints say daycare employee Mary Adkins was present and witnessed abuse of children but failed to report it as required by state law. It also says Adkins shared the audio footage with the parent of another child. That parent posted the recording on Facebook, according to the complaint.
The complaints accuse the defendants of negligence, negligent infliction of emotional distress and a tort of outrage. It also accuses the facility of negligent hiring, negligent supervision and negligent retention.
The plaintiffs say their children have suffered physical and emotional harm, including pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame, inconvenience and other damages.
The complaints seek compensatory and punitive damages as well as any other relief.
The plaintiffs are being represented by Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Maryclaire Akers.
Cary filed two other lawsuits earlier this week against the defendants.
In the first one, a legal guardian said a child was physically and emotionally abused. The second lawsuit was filed by the mother of a special needs child with similar claims.
Cary previously represented other parents who sued the same daycare center in 2021. The facility denied those allegations and filed a counterclaim against those parents accusing them of defamation on social media. An undisclosed settlement was reached in that case.
Sunday’s DoHS decision followed serious non-compliance with state child care licensure regulations, a DoHS release says.
“The action today will result in the center not being able to serve any families or children while it’s under investigation,” DoHS Secretary Cynthia Persily, Ph.D., said in a press release. “Our priority remains the protection of children, and we are taking every step necessary to uphold that commitment. We understand the significant impact this closure may have on families, and we are here to support them in finding safe, alternative child care arrangements.”
According to the release, the DoHS Bureau for Social Services found evidence of violations concerning both physical and psychological punishment of children and a failure to meet mandatory reporting and supervisory standards.
Those include subjecting a child to physical punishment, engaging in psychological punishment, failing to report serious occurrences within the required timeframe and failing to supervise teaching and support staff and to conduct regular staff meetings.
“Our children are our most precious and vulnerable members of society,” Cary previously told The Record. “When they are harmed, it is our duty to stand up for them and make sure their voices are heard.
“Protecting children is not only a legal obligation, it is a moral imperative that defines our commitment to a safer future. I will stand for justice and I will stand for our children.”
Kanawha Circuit Court case numbers 24-C-1231 (Halstead), 24-C-1232 (Withrow), 24-C-1234 (Nelson), 24-C-1236 (Wychunas) and 24-C-1237 (Anderson)