Last Edited: Tuesday, 27 Mar 2007, 8:44 PM CDT

DALLAS -- The mother of a boy who died of a heat stroke last summer is seeking at least $5 million in damages from the Texas Department of Family and Protective Services.

Avonda Fox alleges the state violated her 4-year-old son Jacob's civil rights by not providing a safe environment at the state-licensed day care facility in Pleasant Grove where her son went. She filed a lawsuit Monday in civil court in Dallas.

Jacob Fox, 4, died during an outing to a Balch Springs playground.

Fox's son, Jacob, died July 20 after being left in a day-care van, authorities said.

Balch Springs investigators said Jacob's body was moved to a park and his death not reported for hours.

Blynithia Washington, the owner of the Dream House Learning Center, was charged with reckless injury to a child. Washington obtained a child-care license despite a criminal record that included stabbing a woman, according to court records. Authorities suspect Washington used different names and birth dates to pass the necessary background checks.

In the lawsuit, Fox claims the state would have concluded placing a child in the center would be an extreme risk if it had conducted proper background checks, The Dallas Morning News reported in its online edition Tuesday.

Marissa Gonzales, a spokeswoman for Family and Protective Services, said the department does not comment on pending litigation.

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