CHARLESTON – Another lawsuit has been filed against an embattled Cross Lanes daycare center for the alleged abuse and mistreatment of a one-year-old boy.
Bethany Bird, as mother of A.N., filed the complaint November 26 in Kanawha Circuit Court against Amy Williams and Dreamland Development LLC doing business as Cross Lanes Child Care and Learning Center as well as an unidentified teacher at the facility. Williams is the director of the child care center.
These lawsuits follow more than a dozen similar others filed in the last few weeks.
Cary
| Courtesy photo
"Child abuse in daycares must stop," attorney Michael Cary told The West Virginia Record. "What happened at this daycare in Cross Lanes is beyond unacceptable — it’s heartbreaking. A worker deliberately tied a one-year-old’s shoes so tight that it cut off circulation to both feet, leaving the child in pain and crying all day while she did nothing to help.
"It’s horrifying to think that a place meant to nurture and protect children could allow such a thing to happen. We must demand accountability and ensure no child ever has to suffer like this again."
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.
According to the complaint, Bird picked up her son in March 2024. She said the infant cried the entire trip home.
“It was only after the plaintiffs returned home and began removing the child’s footwear that they uncovered the shocking reality of the harm inflicted,” the complaint states. “The infant’s Hey Dude shoes, which are designed to slip on comfortably and are not intended to be tied at all, had been bound so tightly that they were cutting off circulation to his delicate feet.
“The severity of this negligent oversight was evident, as the laces had been constricted to such an extreme degree that they caused visible indentations and significant injuries to both of the child's feet. These injuries were not superficial; they left deep, alarming marks and caused substantial discomfort to the child, as reflected in the distress he exhibited once the shoes were removed. The extent of the harm was exacerbated by the fact that these shoes were entirely unsuitable for tying, highlighting a gross disregard for the infant's well-being.”
The complaint says the incident was not merely an accident, but “a preventable act of negligence, causing undue pain and potential long-term consequences for the vulnerable infant. …
“This betrayal of trust not only caused harm to the child but also left the plaintiffs with justified outrage and heartbreak, as they were forced to witness the painful aftermath of her actions. Such behavior has no place in any caregiving setting, let alone one where the most vulnerable members of society are meant to be protected.”
When she brought the incident to the attention of staff member Jazmin Smith, Bird says she was assured the issue would be promptly addressed and that Williams would be informed and take appropriate action.
But, she says no follow-up reports were ever provided to her, leaving her “in the dark” about whether any meaningful steps were taken to address the incident .
In addition, she says her infant sustained numerous injuries such as scrapes, scratches, bruising about his face and his back and bruising on his bottom and legs without any clear indication of what caused the injuries.
“When questioned by plaintiff Bird, the staff at Cross Lanes Child Care would say that other children caused the injuries while outside playing but that none of the employees witnessed anything,” the complaint states. “This is especially troubling considering the infant child was just a toddler needing direct and constant supervision.”
When she talked to Williams about her concerns, Bird says Williams would victim blame and even told Bird, "It’s not a big deal.”
Bird says the abuse and injuries sustained by the infant child were so severe he developed persistent night terrors and severe separation anxiety. She says her son also is receiving additional treatment for the symptoms he is exhibiting including but not limited to night terrors, spitting, unconsolable crying, biting and severe separation anxiety.
The plaintiffs are being represented by Cary of Cary Law Office in Charleston.
The complaints also say several eyewitnesses say the unnamed teacher would excessively scream at the infant children in the classroom.
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. 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.
Cary also has filed lawsuits in recent weeks accusing a Hurricane day care center of abuse.
Regarding the Cross Lanes facility, the recent 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.”
Amber Seiler is a former daycare worker at the facility who taught the three-to-four-year-old classroom. She was named as a defendant in several of the previously filed lawsuits.
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.
Kanawha Circuit Court case number 24-C-1321