MEMPHIS, Tenn. - Two parents are suing a Memphis daycare in for $50,000, after their 7-month-old baby came home from a Memphis daycare with bruises and scrapes.
Tennessee's Department of Human Services investigated the daycare, after the injury was reported in July 2017.
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Dynasty and Rodney smith filed the lawsuit on behalf of their daughter this week in Shelby County Circuit Court, claiming the child's injuries required medical care.
The family said in the lawsuit, "Their child sustained swelling of face and eyelids, and contusions and abrasions to the face and body."
FOX13 spoke with the owner of the daycare, Sandra Brooks, Wednesday. She responded "no comment" to our questions.
Brooks runs the day care out of her home on Clearwood Road. FOX13 spoke with parents as they picked their children up from daycare Wednesday. They didn't speak on camera, but said they're pleased with Brooks' services.
Gail Cockrell lives in the house next door to Brooks.
"Sandra is a wonderful neighbor," Cockrell said. "She's a kind person. She loves the children."
According to records from DHS, investigators found, "An infant was injured due to a lack of supervision. This was discovered after awakening a child from nap time."
DHS said there were too many children in the home for one caregiver to watch, according to state law.
"The total number of children in a family day care home with one caregiver shall not exceed seven," the report said.
The investigator said there were 9 children in the home with one caregiver the day the child was injured.
It wasn't clear in the state's records who was responsible for hitting the infant.
The family's lawsuit claims the 7-month-old "was injured by either the employees of Wright Touch Child Care or some child."
DHS has completed at least nine "monitoring visits" since the baby was injured, and has found no additional violations.
"I really admire people who are working hard and trying to do their best, and I think she has," Cockrell said about the daycare's owner.
The baby's family did not respond to FOX13's request for an interview.
The attorney for the family, Edwin Lenow, said the child's parents have several photos of the infant's injuries, which will be presented in court.
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