Left: Security footage allegedly shows a daycare worker at Kids 'R' Kids in Frisco, Texas, roughing up Alexus Benavidez and Rauf Scott's 3-year-old son. Right: The security video allegedly shows Benavidez and Scott's 3-year-old son tending to his own bleeding leg after being injured by a daycare worker (The Button Law Firm).
A Texas daycare center is being sued by the parents of a 3-year-old boy who allegedly came home with a hole in his lip "where his teeth had gone through" and other "unexplained injuries" they say were caused by "uncontrolled" caregivers.
Staff at Kids 'R' Kids of Lawler Farm in Frisco were caught on surveillance video subjecting kids to "repeated inappropriate discipline" and "prohibited punishment methods," which included "pulling, yanking, shoving, and striking them," according to a legal petition filed on May 1 by The Button Law Firm, which is representing parents Alexus Benavidez and Rauf Scott in Collin County Court.
The petition, obtained by Law&Crime, says the parents' son was exposed to a "chaotic and uncontrolled" environment where daycare workers hurt children and "permitted" them to fight each other while carrying out an "aggressive and inappropriate physical handling of the young children" in the facility's 3-year-old class. This is the second lawsuit filed against Kids 'R' Kids for allegedly harming children since March.
"One evening, in early July 2024, Alexus received disturbing news from a Kids 'R' Kids management staff member," the petition alleges. "The Kids 'R' Kids manager informed Alexus that she would be contacted by an abuse and neglect investigator from the Texas Department of Family and Protective Services (DFPS) the following day because [their son], along with several other children, was observed several weeks earlier being subjected to repeated inappropriate discipline and mistreatment by the Kids 'R' Kids caregivers in his class."
Kids 'R' Kids management allegedly revealed that they became aware of the incidents several weeks earlier when a parent reported observing the caregivers in the 3-year-old classroom being aggressive with the children, resulting in the immediate withdrawal of their own child, the petition says.
"Kids 'R' Kids pulled video footage and observed what took place in the classroom, but instead of immediately reporting the incidents to DFPS or notifying the parents of the children involved, the Kids 'R' Kids owner, Vijaykumar Selvaraj Elango and his wife … chose only to issue warnings to the caregivers while allowing them to remain in the classroom and continue business as usual," the petition charges.
Elango allegedly informed his Kids 'R' Kids manager that he had deleted the camera footage and instructed the staffer to delete what she had saved as well. "A clear cover-up was under way," the petition says.
According to Benavidez and Scott, the management staff member "decided to take action into her own hands," and she reported the daycare to DFPS. An investigation was allegedly launched and it was determined that several children, including the pair's son, had been subjected to the "inappropriate discipline and mistreatment" at Kids 'R' Kids.
The petition says 15 separate videos caught Kids 'R' Kids caregivers using excessive physical force on multiple children. Footage from June 5, 2024, shows caregivers "inappropriately yanking" Benavidez and Scott's son by his arms, spanking the boy and "smacking" him.
"Prior to learning about the incidents … Alexus and Rauf had begun noticing unexplained injuries and marks on [their son], including at one point a busted lip where his teeth had gone through the inside of his lip," the petition recounts. "When they asked Kids 'R' Kids questions about injuries they were observing, they were never given clear answers but instead were reassured everything was normal, everyday injuries from kid play."
Clips provided to Law&Crime allegedly show a caregiver "forcefully shoving" the 3-year-old into a chair at a table, causing him to strike his leg and resulting in bleeding.
"The Kids 'R' Kids caregiver ignores his cries and offers no assistance as [the boy] is seen limping off to get his own paper towel to apply to his bleeding leg," the petition alleges. "The DFPS investigation concluded that the use of force observed in the footage from June 2024, posed a substantial risk of serious physical harm to the children."
According to the petition, DFPS investigators confirmed that Kids 'R' Kids was fully aware of the incidents and had received reports of "rough handling" in the past.
The facility allegedly admitted to having seen the video footage, receiving reports of concerns, and "even issuing write-up warnings to its employees prior to DFPS getting involved," per the complaint. "However, in an effort to preserve appearances and avoid getting into trouble, Kids 'R' Kids chose not to notify parents, and chose not to notify DFPS, despite their mandatory reporting requirement under Texas law."
One alleged incident involved a caregiver "forcefully handling children and hitting a child on their back in frustration while yelling and cursing at other staff members," according to the petition. "This Kids R Kids caregiver was fired after she returned from her break that day smelling like marijuana," the document says.
Another incident involved at least four children being left unsupervised on a "splash pad, to which the owner texted, 'Great job from our teachers! Time for a gold medal,'" the petition alleges.
"At Kids 'R' Kids, parents are told that safety and quality care for every child is the top priority because, 'That's the Kids 'R' Kids Way,'" according to the court document. "Yet, behind these polished claims lies a stark contradiction. The daycare that vowed to shape healthy, happy, and well-adjusted children broke their promises. It was Kids R Kids' job to keep [Benavidez and Scott's son] safe, and they failed."
Benavidez told Law&Crime in a statement, "I was horrified to learn that my 3-year-old son was harmed by the people we trusted to keep him safe, and they lied to me. We are filing this lawsuit to get answers and to make sure Kids 'R' Kids of Lawler Farm accepts responsibility for the physical injuries and trauma our sweet son suffered."
Speaking to Law&Crime on Tuesday, the facility's owner said it was "very painful" to hear about the caregiver allegations and that the daycare is "trying to do the right thing to make things right and get all these things in order for the safety of our children."
Elango said that the teachers in question were brought on by "previous ownership" and "immediately terminated" after the allegations were levied. "We take this very, very seriously," he told Law&Crime. "Our hope and our wish has always been toward children's education and safety. The current team in place treats that as paramount and we are trying to do the right thing. Children are everything to us, and we have to do the right thing."
Asked to comment on the allegation that he had security footage deleted, Elango said, "I'm unaware of that."
DFPS officials did not respond to Law&Crime's requests for comment.