Howe daycare defense attorney responds to allegations made against employee

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HOWE, TX -- Back in December, Howe Police told us that two 3-year-old children were bruised after an 18-year-old employee of School Zone Academy allegedly picked them up and forcefully set them down, but the daycare's attorney disagrees with the department's report saying he found no sign of abuse.

The Howe Police Department says they began their investigation into an employee at the School Zone Academy when a woman came forward claiming a worker mishandled her grandchild by picking the 3-year-old up by the arm and then forcefully setting the child down on a mat at naptime. Defense Attorney Bob Jarvis says he reviewed the incident which was caught on surveillance video.

"In my opinion it's not child abuse. The caregiver was picking the child up because the child was getting underneath the covers where it was dangerous, and putting the child, making sure the child was where the child was supposed to be with the covers properly laid on top of them," Jarvis said.

Police investigators also reviewed the surveillance footage and say they saw the same employee take similar action with another child. Police Chief Carl Hudman says both children's arms were bruised.

After the allegations were made Jarvis says the Texas Department of Family and Protective Services conducted their own investigation. Friday he showed News 12 the child-care inspection form.

"What the report says is not that it was child abuse, but that a caregiver did not use good judgment. So that's the only allegation that the state licensing people found against the School Zone," Jarvis said.

That was listed on the DFPS public website as a deficiency with a high standard risk level.

Howe Police handed the case over to the District Attorney's office Tuesday. Hudman says The DA's office will decide whether to file charges of "Injury to a Child".

Chief Hudman adds that the daycare has fully cooperated with their investigation. He also says this is the first complaint they have taken about the school.