Parents Sue Day Care Accused of Duct Taping Child

A Parker County, Texas day care accused of using duct tape to restrain two young boys in June is now being sued by one of the boys' parents.

"I feel like this should never happen to any child," said  Kristi Galbraith, the mother of one of the boys.

"I was angry. I was shocked. I felt an extreme amount of guilt about how I could have chosen a place that would do this to my child," she said.

Galbraith also claims in her lawsuit that one other child was left alone at Heart 2 Heart Montessori Academy in Willow Park, and that water was withheld from other children in an effort to reduce diaper changes.

"It's about sending a message to day care centers that this conduct, this behavior, will not be tolerated," said the Galbraith's Dallas attorney Jeff Rasansky.

Heart 2 Heart Montessori Academy remains open but with fewer children in its care, after many parents moved their children to other day care centers.

The day care accused of duct taping a child to a mat because he wouldn’t nap is still operating, meanwhile outrage over the incident continues.

Now, Willow Park police are close to wrapping up their investigation and expect to pursue criminal charges in the next week to 10 days.

"It will be presented to the grand jury, and we will let them make a decision on whether or not there's sufficient grounds for a criminal case to be continued," said Willow Park Police Chief Brad Johnson.

A Parker County Montessori school owner used duct tape to hold down children while they were supposed to be napping, the mother of one of the children said.

The Texas Department of Family and Protective Services Child Care Licensing Division also expects to complete its investigation soon, perhaps even this week, according to spokeswoman Marissa Gonzales.

The Galbraiths said they have not yet been interviewed by state investigators.

"We feel like it's our time to stand up and get some justice," said Galbraith.

The Heart 2 Heart Montessori Academy issued a statement after the incident promising to "cooperate fully with any investigation," but has not commented yet on these latest developments.

The mother of the second child who she claims was also restrained with duct tape told NBC 5 late Tuesday that she will meet with her attorney this week to go over her legal options.

NBC 5's Bianca Castro contributed to this report.

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