The North Little Rock parents of a 2-year-old girl claim a preschool worker dosed their daughter with allergy medication to put her to sleep, according to a lawsuit filed Tuesday.
The suit also contends that the owners of the child care facility -- Lil Angels at Levy Baptist Church -- lied to them about what was going on.
State regulators are investigating the school over accusations of a possible licensing infraction, a process that involves extra weekly monitoring, but would not confirm the allegations levied by Victoria "Tori" Leigh, a 30-year-old lawyer and former Democratic candidate for state representative, and her husband, Richard "Joey" Moore II, 35, an educator for nearly 10 years.
The couple say their child was given diphenydramine without their knowledge or consent. The medication, which is sold over the counter, comes in a variety of forms and is used for treating hay fever, allergies and cold symptoms. Known for inducing sleepiness, it's also used for insomnia.
"Leigh and Joey Moore sustained extreme emotional distress in learning that their child had been drugged by her caregivers, learning that they had been lied to, and learning that this behavior was systemic at Defendant Lil Angels' facility," the lawsuit states. "[The child] suffered damages in that she was drugged by her caregivers, missed out on developmental time [and] missed meals, causing physical and emotional distress."
Hair testing on their daughter shows the girl, who turned 2 this month, was dosed with the medication "most likely in the form of Benadryl ... in order to make her sleep during the day," according to the suit in Pulaski County Circuit Court against Lil Angels at 3501 Pike Ave., husband and wife owners Robert "Bobby" Ward, 43, and Tanya Ward, 49, of Sherwood, and former day care employee, Ashley Ellis.
"The very first warning on Benadryl labeling states, 'Do not use to make a child sleepy,'" the 10-page lawsuit says. "It also states do not use on children under the age of two. Diphenydramine can cause very serious allergic reactions including rash, swelling, severe dizziness and trouble breathing."
The Wards are not accused of giving the medication to the girl themselves. The lawsuit states that the couple's negligence allowed Ellis -- and possibly other workers -- to dose the girl. The suit further alleges that other children at the day care have been similarly drugged.
On its website, Lil Angels, which leases its quarters from the church, describes itself as a provider of "the best childcare services."
"We ... want to give your child the best environment to grow into the best person they can be. We go to the extreme to make sure each child is happy and receives the best possible education, in a safe, healthy, and secure environment," the site states. "We work daily with the parents to ensure that we are meeting all their needs and goals for their children. We feel that we are their extended family."
In a letter posted on Lil Angels Facebook page on Monday, Tanya Ward wrote that the school had not done anything wrong and disputed that the hair-testing was any proof that the girl had been drugged. She described the accusations as "false allegations" made by one disgruntled former employee about another former worker at the day care. There's no evidence the girl was given the medication while at school, Ward stated.
"Because the student had remained in our facility for 14 days after her parent was contacted by myself and DHS, my attorney advised me ... there was no way to prove she was given Benadryl outside the facility, much like we have no proof that she was given Benadryl inside the facility," the two-page letter states.
She denied deliberately misleading anyone about the state investigation. Ward wrote that she could disclose only the accusations that started the state probe to parents whose children had been named by that angry ex-worker as having been directly involved in the allegations.
"I wasn't allowed to discuss the investigation with you," the two-page letter states. "Due to the ongoing investigation that should be resolved in a couple of weeks, I am still limited on what I can tell you regarding the investigation."
The complaint against the school was made anonymously and directed toward a teacher who does not work in the 2-year-olds' room. An unlabeled "almost full" bottle of the medication found in a cabinet had been provided by a parent for her child, Ward's letter states.
"The Benadryl bottle ... was out of reach and was brought by a parent for her child per her doctor's recommendation. It was an oversight that it wasn't labeled," Ward wrote.
The school has never been sanctioned by the state but Lil Angels has been under investigation for just more than a month. A complaint made in December about a potential licensing violation led to the probe, Amy Webb of the state Department of Human Services said. The facility could lose its license.
"Among the concerns were that the center had re-hired an employee who had been terminated at the request of DHS because of background check findings," Webb said in an emailed statement. "The employment allegation stems from a routine background check renewal in April 2017 when an employee was found to have a prohibiting offense. The employer discharged the employee in question at that time as required by licensing regulations. We were notified on Dec. 19 that the employee had reportedly been re-hired in August."
The facility is licensed to care for 51 children -- 32 infant/toddlers and 19 preschoolers-- and had 30 children enrolled in December. State law keeps child-abuse investigations under seal, and Webb said she could not address the drugging allegations in the lawsuit.
The lawsuit said the family learned about the investigation from Tanya Ward shortly after it began in December, with Ward telling Moore, the accusations were the lies of a "disgruntled" employee. The family believed her, the suit states.
But after twice being contacted by state investigators over the next two weeks, the couple had the toddler drug-tested and discovered the allergy medication in her hair. They then pulled her from the school, where the girl had been enrolled since she was about 3 months old. The Wards then "engaged in personal attacks" against Leigh Moore, according to the suit.
The lawsuit claims breach of contract, negligence, failure to train workers properly, fraud, battery on a child and "outrage." They are seeking damages that include a refund of the 18 months of tuition they paid for the school.
The family is being represented by Matt Campbell with the Pinnacle Law Firm and Jessica Mallet and Nader Afsordeh with the Law Offices of Peter Miller.
Metro on 01/25/2018