The guardians of a 5-year-old are suing a daycare in Washington over photos that an employee allegedly took of the child and shared.
On Tuesday, the lawsuit was moved to federal court from the Washington County Court of Common Pleas. It was initially filed there on Feb. 6. The plaintiffs – the girl, P.H., and guardians, D.H. and T.H., all of Washington – are identified by their initials. The defendant is KinderCare Education LLC, which is based in Portland, Ore., and operates a chain of daycares known as the KinderCare Learning Centers. The company denies the allegations in the case.
The lawsuit – in which the family is represented by Tershel & Associates – says the child attended KinderCare’s location on Wilson Avenue starting when she was 2 months old. That ended on Sept. 13, 2018, according to court papers, when her teacher allegedly took the photos that depicted the child nude from the waist down.
The daycare employee then allegedly “uploaded and disseminated these photographs to dozens of people via email, including Plaintiffs, D.H. and T.H., other students’ parents, family, and friends.”
Court papers give no further details about the circumstances involving the supposed photos.
KinderCare’s attorney, Edward Greenberg of Philadelphia, wrote in a response to the lawsuit that the company denies having any liability to the plaintiffs.
“KinderCare at all relevant times acted with due care and complied with all requirements of applicable law and did not breach any duty that may have been owed to plaintiffs,” according to the filing.
The lawsuit alleges the child experienced symptoms of depression for several months after she was pulled out of the daycare, and had trouble adjusting to a new setting. The lawsuit alleges the guardians “suffered severe emotional upset” and lost their tuition money, “which was an investment into (the child’s) continued enrollment” at KinderCare.