The parents of a child whose wrist was allegedly duct taped to the floor at a day care in Helena have filed a lawsuit against the day care, its owner and an employee.

The lawsuit seeks compensation for damages and injuries, reimbursement for any medical and psychological treatment the child might require and punitive damages.

Amie Moran and Doug Baertsch allege in the lawsuit that their child “was physically restrained and publicly humiliated” on Nov. 27 when he was taped to the floor of Kelly’s Independent Day Care Service at 1403 E. Broadway.

The lawsuit was filed in Helena District Court on Jan. 10. The state suspended the day care’s license and closed it Jan. 11.

The parents’ lawsuit further alleges that the conduct “did not constitute an isolated incident, but constituted a form of punishment, physical assault and outrage upon the (child) and any other child exposed to the same treatment or who witnessed that same treatment.”

The complaint also states that the day care — known as KIDS — its owner Vicki Kelly, employee Karlissa Kelly and other unnamed parties “failed to terminate the punishment, to report the ... conduct, or ... to advise the plaintiff’s parents of what had occurred.”

The lawsuit further alleges that the victim and other children were forcibly restrained in a high chair and isolated from other children to punish and publicly humiliate them.

Moran and Baertsch were unable to be reached on Tuesday. A phone number listed under Moran’s name has been disconnected. Baertsch has no phone listing.

Their attorney, Micheal Lamb, said it would be inappropriate for him to comment since the matter is in litigation.

“The facts in the complaint speak for themselves,” Lamb said. “The state is conducting its own investigation and that will take its own course.”

Vicki Kelly also was unavailable Tuesday for comment.

She has hired an attorney to contest the Department of Public Health and Human Services’ suspension of her day care license.

In an interview with the Independent Record earlier this month, she and several parents of children attending the day care said the employees who used duct tape had done so not as a punishment, but had been joking with the children.

Kelly denied during the earlier interview that children were placed in high chairs for punishment.

Earlier this month, more than 30 parents signed a letter of support for Kelly and mailed it to the governor and the director of DPHHS, also delivering it in person to the governor’s citizen advocate.

As of Tuesday, no date has been set for either a DPHHS licensure hearing or a Child Protective Services hearing in the case.

Reporter Marga Lincoln: 447-4074 or marga.lincoln@helenair.com