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Cross Lanes Child Care and Learning Center

CHARLESTON – The families of 17 children who allegedly were abused while attending a Cross Lanes daycare facility have settled their cases.

Attorney Michael M. Cary announced the settlements December 22, saying he and attorney Ben Salango reached the settlement following months of litigation regarding the cases of alleged physical and emotional abuse by staffers at Cross Lanes Child Care and Learning Center. Several of the children affected are non-verbal and/or have special needs.

Former daycare teacher Amber Seiler was criminally charged with two counts of misdemeanor battery, one count of felony battery and assault of a disabled child. She remains incarcerated and recently was denied parole, according to court records.

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Cary

“Representing these families has been one of the most important and meaningful cases of my career,” Cary told The West Virginia Record. “These children — many of whom were non-verbal or had special needs — were completely unable to advocate for themselves, and their parents trusted the daycare to keep them safe. When that trust was broken in such a devastating way, it was our duty to stand up and fight for them.”

The civil complaints detail the abuse, which includes recorded audio that allegedly captured Seiler screaming at infant children and slapping a minor child. Multiple lawsuits described children returning home with visible injuries, including large bruises and abrasions as well as displaying alarming behavioral changes.

One child reportedly became consumed with anxiety about “being good,” fearful of punishment. Another child allegedly said Seiler slapped him, spit on another child and physically abused others in the classroom.

A lawsuit involving a child with significant speech delays described the child developing extreme fear of asking to use the restroom — so severe that the child would urinate on himself rather than speak out of fear of retaliation.

Terms of the settlement remain confidential, but Cary says the resolution represents a significant victory for the families involved and a clear stand against abuse in childcare settings.

According to the settlement, proceeds allocated to each minor child are required to be placed into court-approved, interest-bearing savings accounts established for the sole benefit of the child. These funds are protected and may not be accessed by parents or guardians for general use, ensuring the money remains preserved and continues to grow over time. 

In October 2024, the West Virginia Department of Human Services placed the facility on provisional license status and reduced the facility’s capacity to zero.

The complaints accuse the defendants of negligence, negligent infliction of emotional distress and a tort of outrage. It also accuses the facility of negligent hiring, negligent supervision and negligent retention.

The parents say their children have suffered physical and emotional harm, including pain and suffering, emotional and mental anguish, loss of enjoyment of life, indignity, embarrassment, humiliation, annoyance, shame, inconvenience and other damages.

Cary previously represented other parents who sued the same daycare center in 2021. The facility denied those allegations and filed a counterclaim against those parents accusing them of defamation on social media. An undisclosed settlement was reached in that case.

Seiler is a former daycare worker at the facility who taught the three-to-four-year-old classroom. She was named as a defendant in several of the previously filed lawsuits.

Kanawha Circuit Judge Jennifer Bailey presided over the cases.

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