In February 2026, the family’s son, not yet a year old, was enrolled at a licensed child-care center in New Braunfels, in Comal County. His parents dropped him off in the care of staff they trusted to keep an eleven-month-old safe.
While under the center’s supervision, the child was allowed to sit outdoors unattended long enough to put rocks in his mouth and swallow dozens of them. A child that age cannot be left alone near anything he can pick up and put in his mouth; that is the most basic kind of supervision an infant room is supposed to provide. The center did not stop it, and it did not tell the family it had happened.
Days later, at home, the child’s parents began finding rocks in his diapers as they passed through his system. Alarmed, they rushed him to the emergency room to make sure the rest could pass safely through an infant’s body without causing a blockage or internal injury. Only then did the family piece together what had taken place in the daycare’s care.
The center is a licensed Texas child-care center serving infants, toddlers, pre-kindergarten, and school-age children. Texas child-care rules require centers to supervise children at all times, keep play areas and outdoor spaces safe, maintain adequate staffing, and notify parents when a child is hurt. Those protections exist for exactly this situation. The petition alleges the center failed to provide a safe environment, failed to supervise the child, failed to seek medical care for him, and failed to tell his parents what had happened.
An eleven-month-old swallowing dozens of rocks is not a quiet event. It is the kind of thing attentive staff would have seen and stopped. We are pursuing the center’s staffing and supervision records, its outdoor-play and incident-response policies, its parent-notification practices, and any available footage and records, to establish how an infant was left alone long enough for this to happen and why the family was never told.
We represent the family and have filed suit against the center in Comal County. We brought claims for negligence, gross negligence, and violations of the Texas Deceptive Trade Practices Act, including the failure to supervise, the failure to provide a safe environment, the failure to seek medical care, and the failure to notify the parents. We are seeking the records and footage that show how this happened and why the family had to discover it on their own.
A daycare does not get to take a family’s money to keep their infant safe, leave him outside to swallow a pile of rocks, and then say nothing while his parents find out one diaper at a time. We intend to hold this center fully accountable.
We represent the family and have filed suit against the center in Comal County. We brought claims for negligence, gross negligence, and violations of the Texas Deceptive Trade Practices Act, including the failure to supervise, the failure to provide a safe environment, the failure to seek medical care, and the failure to notify the parents. We are seeking the records and footage that show how this happened and why the family had to discover it on their own.
A daycare does not get to take a family’s money to keep their infant safe, leave him outside to swallow a pile of rocks, and then say nothing while his parents find out one diaper at a time. We intend to hold this center fully accountable.
