Arlene Hernandez said she walked in on a teacher at Lullabies Day Care searching her 3-year-old granddaughter underneath her clothes. Hernandez said that no one in her family gave permission for the day care to perform an invasive search on either of their two children.

"I noticed that the teacher was lifting her shirt up," Hernandez said. "She continued to pull her shorts up and check her legs."

What Hernandez witnessed is known as a health check in the day care system.

Child Protective Services spokesperson Paul Zimmerman said that there's no law that allows a day care employee to search a child underneath their clothes. There's also no law stopping that kind of search.

According to CPS and Lullabies Day Care, it's a procedure some day cares use to protect themselves against accusations of child abuse.

Sylvia Alvarez is the director of Lullabies Day Care. Alvarez said the checks are an extra tool to help the children. She said it's one way to find out if abuse is happening at home.

CPS rules require day cares to report abuse or neglect but do not require them to actively search for it.

The Hernandez family said they're upset that no one told them these kinds of searches would be taking place.

Valerie Hernandez is the child's mother. She signed her two children into the day care about six months ago.

"They never mentioned anything about a health check to me," Valerie Hernandez said. "I would remember, especially if it consisted of checking underneath their clothing."

Alvarez said that all parents were verbally informed of the health checks but she admitted that no consent form was signed specifically addressing the under-the-clothes searches. Alvarez also said that now parents will have to sign a written agreement regarding the health checks upon registering with the day care. That agreement encourages parents to be present during the inspection.

"I do not approve of that at all," Valerie Hernandez said. "I'm not comfortable with it at all. If I would have known about it, I would definitely not have approved that."

The Hernandez family was asked to leave the day care for refusing to sign the new consent.

After airing the first story about Lullabies Day Care, KFOX14 News received comments and emails from many parents in support of Lullabies Day Care. All of them said they had kids enrolled at Lullabies and none of them had a problem with the inspections or communication from the day care.

If you have a story that you feel deserves media attention, contact Ric Dupont at ric.dupont@kfoxtv.com.