Mother sues day care after toddler wandered away, found near road

DALLAS — A mother is suing an Allen day care for negligence after her 2-year-old son wandered from the center and was found not far from a busy, six-lane road.

The toddler, identified as J.M. in court documents, left Safari Kid day care unnoticed in March 2023 and headed toward Mcdermott Drive, which is dotted with banks, drugstores and gas stations. The speed limit is 45 mph.

An employee of a nearby Kwik Kar auto shop saw the toddler walking through the shop’s parking lot and took him to a nearby child care center, which did not know J.M. The employee then called 911, according to a police incident report.

To identify J.M., police called area childcare centers, including Safari Kid.

An officer asked the director whether any children were missing, and the director replied there were not, says the lawsuit, filed last month in Collin County. The officer requested the center conduct a headcount while the director walked to J.M.

The director immediately identified J.M. as one of the center’s children, and police called the boy’s mother, Miriah Mattos, to report the incident. Safari Kid was initially unable to explain how J.M. got outside or how long he had been missing, the suit says.

While walking through the center with the director, the officer found the gate in the outdoor playground did not fully close, according to the incident report. A small plastic children’s table had been placed against the gate, along with a piece of cardboard at the bottom to close the gap.

The director said she would call maintenance to repair the gate and possibly add a lock, the incident report noted.

A woman who answered the phone at Safari Kid in Allen declined to comment and instead directed questions to the owner, who did not respond to emails seeking comment.