Day care worker was high on marijuana while caring for baby who died, KY lawsuit says

Parents of a 4-month-old child who died under the care of a Kentucky day care have now filed suit, alleging the providers’ negligence resulted in their son’s death.

The baby died Feb. 7 after being found unresponsive at Little Treehouse Learning Center in Covington, according to the Lexington Herald-Leader.

Sergio and Addison Vancini, parents of 4-month-old Luka Vancini, allege workers at the day care did not have proper CPR training, according to the lawsuit. Additionally, rooms at the center did not have cameras, despite workers telling the parents otherwise before the February incident.

The lawsuit names several of the day care workers, including the woman who called 911. Earlier in the day, she was cited for marijuana possession and smelled “of burnt marijuana,” the lawsuit states.

In a statement to WCPO, Little Treehouse said a police investigation has revealed no evidence of a crime.

“Allegations in a complaint are not facts and should be reported as such,” the learning center told WCPO.

What happened Feb. 7?

According to the lawsuit, Luka was given a 5 oz. bottle at 2 p.m. and was laid down to nap at 2:28 p.m.

At 3:39 p.m., a 911 call was placed from the center as a worker indicated the baby had been unresponsive for 30 minutes, according to the court documents.

“How in the world is there 30 minutes have elapsed before a call is being made to 911,” the parents’ attorney, Brandon Voelker, told WCPO. “I think ... my client’s big concern is what in the world was going on.”

Luka was taken to a hospital, where medical records showed he was dead on arrival despite resuscitation attempts, the lawsuit says.

Tests revealed Luka choked on his own spit and was unable to breathe, “resulting in loss of oxygen to his brain,” his parents say. Before he was pronounced dead, first responders noticed “significant amounts of spit up.”

“Plaintiffs’ child was not properly placed down for a nap and aspirated and ultimately choked,” the lawsuit alleges.

A history of of non-compliance

Days after the death, Covington police officers said they were unable to find evidence of criminal behavior, according to The Cincinnati Enquirer.

The lawsuit, however, indicated the day care center did not meet several guidelines during an April 2024 inspection. The report found:

▪ “Background checks were non-compliant.”

▪ Student-teacher ratios exceeded state guidelines.

▪ Despite the requirement, staff members had not been evaluated since 2022.

▪ Six staff members did not complete required annual training and some lacked CPR training.

▪ Children were left “for a prolonged period of time.”

The parents were told during a tour that the facility had cameras “always watching the children,” but officers observed the rooms “did not actually have cameras,” according to the lawsuit.

Furthermore, a white noise machine was present in the room, which could have made it difficult to hear a baby choking, attorneys said.

Worker charged with marijuana possession earlier that day

Hours before the incident, the worker who later provided care for Luka was cited for speeding and marijuana possession, court records show.

According to a citation obtained by McClatchy News, an officer “detected the smell of burnt marijuana coming from the vehicle” of the 26-year-old worker. THC gummies and “several small burnt marijuana roaches” were also found in the car, police said.

“Upon information and belief, (the worker) was under the influence of marijuana on February 7, 2025, while providing care to Luka,” the lawsuit says.

In its statement to WCPO, the day care center said the police report only showed the worker was in possession of marijuana, not under the influence of the drug.

“(She) was not cited for driving under the influence and was released to drive from the scene, which would not have occurred had she been suspected of impairment,” the center said. “Possession does not equate to consumption and to the Center’s knowledge, at no time have the investigating police officials treated (her) as if they suspected her of marijuana use on February 7, 2025.”

Lawsuit alleges “negligence” from the day care

The day care and its owner, supervisor and care provider were all named in the lawsuit, which seeks “an award of punitive damages.”

“I think they’re just wanting answers,” Voelker told WXIX of the parents. “You know, I think anybody would. Whenever something so horrific as this happens, I think you just want answers as to what happened, and I think that’s the main thing they’re seeking right now.”

The lawsuit says the defendants showed “negligence” in their actions, or lack thereof.

Their behavior, the lawsuit said, resulted in the death of their son.

“Sergio and Addison Vancini will be permanently deprived of the love and affection of their baby son, entitling them to an award of loss of parental consortium,” according to the lawsuit.

Covington is in northern Kentucky and is a suburb of Cincinnati.

This story was originally published March 25, 2025 at 1:19 PM with the headline "Day care worker was high on marijuana while caring for baby who died, KY lawsuit says."