Video from previous coverage.
COVINGTON, Ky. (WXIX) – New details have emerged in a lawsuit brought against a Covington daycare by parents after their infant died at the facility.
On Feb. 7, Covington police responded to Little Treehouse Learning Center on Hands Pike for a report of an unresponsive 4-month-old infant.
Officers say the infant was taken to St. Elizabeth Hospital Edgewood, where he died.
Infant dies at Covington daycare
The lawsuit alleges that Little Treehouse Learning Center was negligent in its care of the baby, which resulted in his death.
The Covington Police Department has not criminally charged the daycare or the worker who cared for the infant the day he died.
“Little Treehouse again requests the media and public respect the privacy of its minor students and their families, and allow the investigation and lawsuit to run their courses before making a rush to judgment based on incomplete information,” said Jason Abeln, Little Treehouse’s attorney.
New details emerge from lawsuit, police citation
According to a citation from the Fort Thomas Police Department, the daycare worker who cared for the infant was pulled over Feb. 7 at 8:33 a.m.
The daycare worker was driving on I-471 SB “at a high rate of speed.” Police say she was driving 92 miles per hour in a 65-mile-per-hour zone.
“The officer detected the smell of burnt marijuana coming from the vehicle and observed in plain sight the operator’s purse, a plastic package of THC gummies,” the citation continues. The daycare worker told the Fort Thomas officer they belonged to her.
Upon further inspection of the daycare worker’s car, “the officer located several small burnt marijuana roaches in the ashtray.”
The daycare worker was then charged with speeding 26 miles per hour or over the speed limit and possession of marijuana, according to the citation.
The lawsuit says that the daycare worker was cited that morning “on the way to Treehouse,” and claims she was “under the influence of marijuana,” while providing care to the infant who died.
Abeln provided the following statement to FOX19 NOW regarding the allegations that the worker was under the influence of marijuana that day.
The police report you reference does not state or indicate in any manner that the daycare worker was under the influence of marijuana on February 7, 2025.
The worker was not cited for driving under the influence and was released to drive from the scene, which would not have occurred had she been suspected of impairment. Possession does not equate to consumption and to the Center’s knowledge, at no time have the investigating police officials treated the worker as if they suspected her of marijuana use on February 7, 2025.
In fact, the police investigation has not resulted in any criminal charges and the Covington Police Department has stated it has found no evidence any crime was committed. Allegations in a Complaint are not facts and should not be reported as such.
On Feb. 11, Covington Police Captain Justin Bradbury released a statement that said in part, “At this time, we have not found cause to believe any crimes were committed. The daycare has fully cooperated with detectives.”
No criminal charges have been brought against the daycare worker related to the death of the infant.
Attorney Brandon Voelker is representing the infant’s parents and says that the infant was not sick at the time of his death.
The lawsuit alleges that the infant’s mother was promised the facility “had cameras always on the children,” as well as other safety measures to ensure proper care; however, the facility did not have any cameras.
The lawsuit claims that “many facilities utilize timers so that infants are checked every five minutes or less, defendant Treehouse did not.”
It also mentions an April 2024 report from the Office of the Inspector General, which had the following findings:
Background checks were “non-compliant.”Employees were not correctly listed in KARES, which provides background checks.Multiple classrooms exceeding the state-approved ratio.Uncovered electrical outlets.Required staff evaluations had not been done for two years.6 employees did not meet annual training requirements.2 employees did not have proof of required education.Children were left standing/sitting “for a prolonged period of time.”Infants in a crib with inappropriate bedding.Building lighting was “non-compliant.”Multiple holes in the walls.Children’s hands were not washed before eating.Broken toys were present, posing a health risk.Some children were not immunized.Lack of CPR training.
The Kentucky Cabinet for Health and Family Services told FOX19 NOW that daycares in the Commonwealth are inspected once a year. The daycare is cited if problems are found during the inspection, and a correction plan must be implemented.
“I think they’re just wanting answers,” Brandon Voelker, the attorney representing the infant’s parents, said. “You know, I think anybody would. Whenever something so horrific as this happens, I think you just want answers as to what happened, and I think that’s the main thing they’re seeking right now.”
What happened Feb. 7?
The lawsuit laid out a timeline of that day, “per information provided to the plaintiffs by the defendants,” as follows:
2 p.m.The infant was given a five-ounce bottle.2:28 p.m.The infant was laid down for a nap.3:39 p.m.911 calls were made reporting that the infant was non-responsive.The daycare worker told dispatchers that “the baby had been unresponsive for 30 minutes.”Covington police officers arrive at Little Treehouse Learning Center3:48 p.m.Little Treehouse Learning Center contacts the infant’s parents.
First responders noticed the infant “had significant amounts of spit up,” the lawsuit says. It continues, saying the parents had been “advised by law enforcement that their baby had spit up, with fluid on both his lungs and brain.”
The lawsuit says that “fluid on lungs results from aspiration,” and alleges that the infant “aspirated after being laid down immediately after receiving a five-ounce bottle.”
“Due to aspirating/choking, the baby could not breathe, resulting in loss of oxygen to his brain,” the lawsuit states.
It continues, adding that “defendants failed to provide aid, were not properly trained/supervised, all of which resulted in the baby passing.”
According to the lawsuit, police had advised there was a white noise machine present, making it difficult to hear if a baby was choking.
Abeln has said that “the police investigation has not resulted in any criminal charges and the Covington Police Department has stated it has found no evidence any crime was committed.”
The investigation and lawsuit are ongoing.
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The parents of an infant who died at a Covington daycare are suing the establishment, claiming negligence of care led to his death. Read More
