PLANO, Texas — A daycare in Plano is under a lot of scrutiny after a parent alleged her 20-month-old daughter was exposed to a caretaker's vape pen in late January. The child's mother, Jocelyn Carter, told WFAA this occurred on her first day at the daycare.
The family, with help from their attorney, filed a civil suit against Bright Horizons at Legacy in Plano.
"This kid immediately was swollen, had red eyes, a puffy face, later became congested and vomited that night," said the family's attorney Russell Button of Button Law Firm, which exclusively handles daycare and childcare injury cases.
Carter did respond to WFAA's questions in writing. She writes, "I immediately asked if something happened and Bright Horizons at Legacy workers laughed it off and told me my daughter was a 'good sleeper.' I could not shake the feeling something was wrong."
The attorney tells WFAA it took eight days for the daycare to call the family and tell them another caretaker witnessed a vape pen in the toddler's hand. Button tells WFAA they do not know what or how much was in the vape pen. It is also unclear how the toddler may have accessed the vape pen. He says the hope is through this civil suit they can get a clearer picture of what happened.
"This could have been fatal, we're very fortunate that it wasn't," Button said. "We expect them to make it right for this family."
The family took the child to a hospital multiple times and they worry of the long-lasting effects to the exposure.
The Texas Department of Family and Protective Services (DFPS) and Texas Health and Human Services (THHS), and Plano Police have investigated according to Button. Plano Police, through a spokesperson, told WFAA that no trace amounts of drugs were detected in the child's system. The attorney tells WFAA that the test was taken too late because the daycare took too long to report. Plano Police said the test was facilitated by CPS and taken on Feb. 22, one month after the alleged incident.
According to the Texas Health and Human Services Department Bright Horizons, has four recorded citations this January, some connected to this incident. Also listed are four other citations from 2019. One violation is labeled "Ensure No Child Abused, Neglected, or Exploited" and another is labeled "Report Suspected Child Abuse, Neglect or Exploitation." The daycare's last recorded inspection was in May of 2024.
WFAA reached out to Bright Horizons and they have no comment because of the lawsuit.
"We've gotten more drugging and daycare cases in the last two years than I ever thought we'd ever handle. So it's a big deal," Button said.
"Our trust is broken from this experience, and we still have a long path to recovery," the mother wrote to WFAA.