A Texas daycare is facing a lawsuit after a 2-year-old girl fell into a deep drainage hole filled with “fecal matter” while playing outside. 

The incident occurred last month when the child accidentally fell into a 6- to 7-foot-deep drain, Law & Crime reports.

She remained trapped for nearly an hour, unnoticed by daycare workers. When she was finally discovered, she was reportedly “blue and pale.” Her parents have filed a lawsuit accusing the daycare of negligence and seeking justice for the trauma their daughter endured.

According to the family’s attorney, Levi McCathern, the daycare failed to act quickly enough after the child went missing, leaving the young girl exposed to dangerous conditions for far too long. McCathern is also demanding that the daycare release surveillance footage of the incident, which has allegedly not been provided despite multiple requests.

The daycare facility has since responded, claiming that it has built a fence around the drainage area to prevent future incidents and that the cover for the drain may have been improperly replaced by whoever last worked on the drainage system.

The daycare contends that the lid may have been re-secured incorrectly or possibly with the child still inside. In response to the lawsuit, the facility has reviewed its safety policies to ensure such an incident does not happen again.

The case has sparked outrage and concern among other parents who entrust daycares with the care of their children. It underscores the importance of thorough safety checks and prompt action when accidents occur in facilities responsible for children’s welfare.