Instead of donning birthday hats and singing "Happy Birthday" on what would have been Jaylin Branch Jr.'s third birthday earlier this month, his family wore black and choked back tears as they attended his funeral.Jaylin's family is now suing a suburban day care, accusing it of negligence in the boy 's February death after he had a seizure during nap time and staff allegedly failed to administer his emergency medication."Every day I think about my son, the whole scene [replays] in my head from me dropping him off and him saying, 'I love you, have a good day,'" said Jasmine Bailey, Jaylin's mom, during a Thursday morning press conference in the Loop, announcing the lawsuit. Jasmine Bailey (right), mother of Jaylin Branch, and Charnice Terry, whose son used to go to the same day care, stand together during a news conference at Daley Plaza about the lawsuit the family filed against Grandma Jones Daycare in Calumet City. Pat Nabong/SunTimes Jaylin was at Grandma Jones Daycare in Calumet City on Feb. 20 when staff members put him down for a nap, according to the lawsuit, filed Thursday. Jaylin, called Baby J by his loved ones, had epilepsy that made him prone to seizures previously disclosed to the day care staff. He had a seizure during nap time, prompting staff to call police and begin giving the boy chest compressions, according to a police report. Jaylin's parents, Bailey and Jaylin Branch Sr., worked with day care staff and doctors to create an action plan in the event of an emergency, which attorneys allege they didn't follow. Jaylin Branch Sr. and Jasmine Bailey, parents of Jaylin Branch, cry while looking at a photo of their child after a Thursday news conference at Daley Plaza, where they spoke about the lawsuit they filed against Grandma Jones Daycare in Calumet City.Pat Nabong/Sun-Times "The worst news a human being can ever receive is that their child died under circumstances that were absolutely controllable," attorney Cierra Norris said at the news conference. "It would be one thing if it surprised everyone — he had a seizure and it was the first time he had a seizure — but they had the action plan."The action plan, obtained by the Chicago Sun-Times, requires day care staff to administer 5 milligrams of diazepam seizure medication and call 911 if a seizure continues longer than five minutes. The family is accusing the day care staff of not monitoring Jaylin during nap time, and also waiting too long to respond and call 911 and failing to give him the required medicine. The paramedics gave Bailey the medication, still sealed with both doses intact, after Jaylin was brought to the hospital, she said. Jaylin BranchProvided According to the lawsuit, the day care staff failed to supervise minors during nap time, train employees to monitor and supervise the children, and provide safety orientation. Jaylin had vomited and his lips turned blue, and an hour after he was put down for a nap, he was unresponsive, according to the police report."Baby J would probably very much be here today if, one, there was adequate supervision and two, in absence of adequate supervision, there was emergency medication rendered," Norris said.The Cook County medical examiner's office was not investigating the death. Medical records indicate Jaylin died of a lack of oxygen to his brain, according to attorney Evan Finneke.When reached by phone Thursday morning, a day care staffer referred a reporter to a lawyer, who did not respond to requests for comment. Jaylin BranchProvided Jaylin was an energetic kid who loved chicken and "would dance to anything that came on," especially "Action Song" by the Singing Walrus, Bailey said. He was a smart kid who loved to learn and could count to three in Spanish at only 2 years old, his parents said."He's a gravitational pull," Branch said. "It didn't take much for you to be around Baby J to grow love for him. ... It's something you can't create again. You can't create a spirit like that." Jaylin Branch Provided Jaylin was close to his older sister, 4-year-old Dream, and the two went everywhere together, their parents said. Now, she and their younger brother JyAire, who is about to turn 1 in April, will grow up without their brother Jaylin. In the month since Jaylin's death, Bailey and Branch say their grief has left them unable to sleep and eat while also trying to care for their other children.Family and supporters gathered at the press conference wearing baby blue, Jaylin's favorite color. They donned pins with a photo of Jaylin and the phrase "Fly high, Baby J." Branch shed tears looking at a printed photo of his son."Because of the situation, that face right there doesn't get to be right here physically, in the flesh," he said. "I have to talk to my son when I close my eyes." Jasmine Bailey, mother of Jaylin Branch, tears up during a news conference at Daley Plaza on Thursday. Pat Nabong/Sun-Times Attorneys have been in contact with the Department of Children and Family Services and are demanding an investigation into the day care. DCFS didn't comment on whether an investigation was opened against Grandma Jones, saying it doesn't comment on pending litigation.Bailey filed the lawsuit in Cook County Circuit Court demanding a jury trial and a judgment against Grandma Jones for at least $50,000."When we drop him off at that front door, [the day care is] in charge of his life," Branch said. ...read more read less