Family of 4-year-old who was allegedly raped in a Midwest City McDonald’s toilet while on a field trip is taking legal action against her school.

Joshua Kabatra, 37, raped the youngster after she went to the toilet unsupervised on July 16, according to police.

His alleged sex abuse was uncovered after two day care workers noticed the youngster “had been gone for a while” and knocked on the door.

After a while, Kabatra eventually opened it and walked out with his hands up, saying “I was just washing my hands.”

He later admitted to molesting the girl, according to police.

A lawsuit filed by the child’s family alleges the day care “recklessly and negligently allowed the victim to be injured.”

It also seeks compensation for damages including pain and suffering, emotional distress, and medical bills.

Midwest City Police Chief Brandon Clabes said after the stunning arrest: “There is no fault on the day care workers. They were doing their job.”

“They just realized the child had been missing longer than a child should be at that age.

“The only person that did anything wrong is our suspect who committed the crime on an innocent 4-year-old victim.”

Kabatra has been arrested on suspicion of first-degree rape and lewd acts with a child under 16.

Kabatra is being held in custody ahead of his first court appearance.