NewsChannel 5.com - Nashville, Tennessee - Soldier, Wife Sues For Army To Enroll Child In Daycare

Soldier, Wife Sues For Army To Enroll Child In Daycare

FORT CAMPBELL, Ky. - A Fort Campbell soldier and his wife are suing the Army for not letting their 3-year-old into a daycare on post. 

The suit is based on the child's health.

Kenneth Rutherford's mother is a student and his father will soon serve in Afghanistan.

The military post, which straddles Kentucky and Tennessee, provides childcare, but finding one that can accommodate Kenneth's medical condition has been hard for the Rutherfords.

"Several times he has quit breathing during his seizures," said his mother Christy Rutherford.

The child has a seizure disorder. If seizure continues for more than five minutes he could sustain severe brain damage or die, Rutherford said.

That's why she never leaves home without Diastat, a gel suppository that anyone can administer.  Diastat is used to treat episodes of seizure attacks, according to WebMD.

"Instantly, within 10 seconds it pulls him out of his seizure," Rutherford said.

Fort Campbell provides childcare for children of soldiers, but Kenneth's mother said, not children like Kenneth.

She said her family was told the post isn't willing to give Kenneth that medicine if he needs it. 

"It just gets frustrating to not be able to use the programs that are there," she said.

After repeated denials since 2005, the Rutherfords decided to take the Army to court. 

The lawsuit alleges since Fort Campbell daycares all receive federal funds they, therefore by law, must accept all children whether they have disabilities or not. 

Christy Rutherford said it's a slap in the face not to have reassurance that her child would be okay.

"It gets frustrating knowing my husband is about to leave for 15 months and the care is not going to be there," she said.

Kenneth's only had to take the Diastat five or six times since he was diagnosed two years ago. 

So, his mom said it's pretty unlikely the daycare would even have to ever administer the medicine.