CHARLESTON – An additional lawsuit has been filed against a Cross Lanes daycare center for the abuse and mistreatment students.
The latest complaint was filed November 13 in Kanawha Circuit Court against Amy Williams, Amber Seiler and Dreamland Development LLC doing business as Cross Lanes Child Care and Learning Center.
This lawsuit follows a dozen others filed in the last few weeks.
Cary
| Courtesy photo
“We are locked in a relentless, 24/7 battle for justice,” attorney Michael Cary told The West Virginia Record. “All 15 families stand united, determined to ensure that every child and family is safeguarded. We will not cease our efforts until everyone responsible is held accountable.
“Our resolve is unshakeable, and we will continue to advocate passionately for our children’s well-being and safety. Together, we will prevail.”
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. Seiler waived her preliminary hearing, and her criminal case now will go to the grand jury.
Each of the complaints say eyewitness testimony shows Seiler physically and emotionally abused children in her classroom.
In the new complaint filed by Madisen Shoff as the mother of a boy identified only as E.W., who was enrolled in Seiler’s classroom.
E.W. is a nonverbal five-year-old special needs child diagnosed with Pervasive Development Disorder and Autism Spectrum Disorder when he was first enrolled at the facility. He was in Seiler’s class during the 2023 year.
The complaint says Seiler smacked E.W. on numerous occasions causing injury to his face. It also says Seiler withheld food and snacks from the boy as a form of punishment.
All of the complaints also say recorded audio footage from inside Seiler’s classroom has Seiler screaming at children, including:
* “Put your heads down now!” followed by crying.
* “You don’t tell Ms. Mary no! Do you understand me?”
* 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.”
* 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-1263