Two Williamson County families are taking a Hutto daycare to court, claiming their infant daughters were repeatedly exposed to Delta-9 THC vape smoke inside an infant classroom. One baby ended up in the emergency room and later tested positive for carboxy-delta-9-THC at 264.2 ng/ml, according to the lawsuit, and state investigators have cited the center for a raft of safety failures. The suit targets Every Child Learns LLC, which does business as The Learning Junction Early Education Center, and seeks more than $1 million in damages.
CBS Austin reports the complaint was filed Dec. 8 in Williamson County District Court by parents Haley Van Every and Christopher Schwarz. The filing alleges their daughters, then just 8 and 9 months old, were exposed while enrolled at the Hutto facility. The child’s Nov. 19, 2024, emergency room visit led to the 264.2 ng/ml test result, and the Texas Department of Family and Protective Services later cited The Learning Junction for 24 safety violations and put its childcare license on probation for at least a year.
In a press release shared by PR Newswire, attorneys say the claims are backed up by surveillance video and identify the matter as Cause No. 25-3500C480 in the 480th Judicial District Court. Attorney Russell Button, who represents the families, called the allegations “one of the most shocking childcare failures we have seen” and said parents are afraid of long-term developmental damage from exposing infants to THC and vape chemicals.
Ring Footage And Caregiver Admission
The lawsuit describes Ring camera footage that allegedly shows caregiver Vanessa Marie Garcia pulling a vape pen from her purse or from clothing tucked on her person, taking hits while inside the infant classroom, then spraying Lysol to cover the smell before going back to handling babies. The complaint alleges that on Dec. 6, Garcia told investigators she brought a THC vape pen to the center two to three days a week and used it several times a day. She allegedly continued working directly with children up until that interview, when she voluntarily left her position, according to CBS Austin.
Tests, Symptoms, And Reported Concerns
The filing states that one infant’s blood test showed carboxy-delta-9-THC at 264.2 ng/ml, which the suit notes is about 132 times higher than the 2.0 ng/ml minimum threshold it cites. It also alleges that both babies developed bloodshot eyes, recurring upper respiratory issues, and severe ear infections. As outlined by PR Newswire, the families say the exposure unfolded over a period of months while the infants were in the center’s care.
What This Means Legally
The lawsuit kicks off a civil case that will move through discovery and pretrial motions, with the families seeking financial damages and what they describe as meaningful accountability from the daycare’s operators. With the childcare license on probation, state regulators have additional leverage for closer oversight, and the allegations in the complaint could spur further administrative reviews or follow-up action if investigators uncover more problems.
The case remains pending in Williamson County. The parents and their attorneys say they intend to keep the pressure on in court and before state regulators as they push for answers and potential remedies for the two children at the center of the suit.
