While gym child-care facilities allow busy parents to fit in time for a workout, some of those centers are not licensed.

The parents of 4-year-old Jack Ward said their son now wears the scar from what happened at a family gym in Sacramento.

"It's heart-wrenching and it will never go away ever," said Lucinda Ward, Jack's mother.

His father, Mark Magee, paid extra for the child care center at California Family Fitness.

An hour into his workout one day, Magee said a staff member told him his son got a cut.

"His face and shirt had blood drenched down it," Magee said. "You could see where the wound was, which was above his eye."

Magee said he couldn't get any information on what happened.

Jack required 10 stitches and his medical care cost thousands of dollars, according to his family.

Two years later, the family is still in a legal fight with the gym.

"Throughout the process, there was never any remorse, no apology provided," Magee said.

They went to the Department of Social Services to file a complaint, but found the agency doesn't oversee gym day care centers.

The state licensing guidelines for child-care centers shows gyms are exempt.

The health and safety code said that's because the services are only provided to the parents and guardians who are on the same premises as the site of the child day care program.

The gym isn't subject to the same regulations and evaluations as a day care center.

If a parent has a concern about the facility, they can't file a complaint.

The president of California Fitness said members are notified that the child-care center is not licensed.

"We have it in most of the literature and that's why we require them in most of the rules that they sign when they join and that's why they're required to be on the premises," said Randy Karr, California Family Fitness president.

Jack's parents said they were never told the child-care center was not licensed.

"We thought we were paying for it and putting our son in a state-of-the-art and everything was hunky dory in fact it was the opposite," Ward said.

State Sen. Leland Yee is chair of the Human Services Committee, which oversees the department that licenses day cares.

Yee is now calling for an investigation and said there should be complete disclosure.

Jack's parents said they just want to keep this from happening to another child.