Sep 2, 2009 5:34 pm US/Eastern
Sexual Abuse Lawsuit Filed Against Miami Daycare
Lawsuit Filed Against Discovery Day Care in Southwest Miami-Dade
Attorney says 5-year-old victim was sexually assaulted 10 times in 2008 by 13-year-old visitor
Click Here For CBS4's Daycare Database
SOUTH MIAMI (CBS4) ―
A Daycare facility that was part of a
CBS4 I-team investigation is in the news again; this time after an attorney filed a lawsuit claiming a 5-year-old girl was sexually assaulted on ten different occasions in 2008.
Attorney Adam Horowitz said "This is a case involving every parent's worst nightmare." He said the victim, who he identified as "Jane Doe," was assaulted while she was in the nap room at the Discovery Day Care at 3153 SW 67th Avenue. He said the child was in the nap room between the hours of 1 p.m. and 3 p.m. and that she was not supervised.
Horowitz said the person who did it was 13 at the time and in February of 2009, pled guilty to two counts of sexual battery in this case.
A document from the Miami-Dade State Attorney's office shows the boy was sentenced to Juvenile Sexual Offender Treatment and he was ordered to stay away from the child, her home and the Day Care. He was ordered to not babysit any children and to not work at a daycare facility. He was also given an 8 p.m. curfew.
Horowitz said the assaults only ended when the teen, identified in paperwork as "R.S.," attempted to assault another child. Horowitz did not know if the boy had also been charged in that case. He told us he's trying to find out if there are other victims.
"We do know he was the child and grandson of two employees of the daycare," said Horowitz at a news conference outside Discovery Day Care. "He was given complete access to children in the nap room. We don't feel there has been a good explanation as to why this child was left alone in the day care center without proper supervision. When you think of safety and children, a day care should be at the top of the list."
Horotwitz said the boy was the son of Jane Doe's pre-kindergarten teacher, who was also the Day Care's Assistant Director. Horowitz said the 13-year-old boy told the girl that it was their "special secret" and that she should not tell anyone about what happened.
Horowitz's assistant, Jessica Arbour, read a statement from the girl's mother, who is not being identified and who is now living in Tampa, along with "Jane Doe."
In the statement, the mother said, "No one has the right to abuse a little girl, especially my innocent 5-year-old child. He was 13 years old. I cannot put into words what I feel. I trusted them with my baby. Discovery Day Care betrayed me and my family. We will never be the same. The daycare should have been shut down after they found out what happened to my daughter. This boy should not have been there with all these little kids. No one did anything to protect them."
Records identify the owner of Discovery Day Care as Catherine Baril.
CBS4 tried to find her but she was not available; when
CBS4's Peter D'Oench tried to telephone her, one number had been disconnected and another was busy.
At the Day Care, an employee told
D'Oench that Baril was not there and she did not know when she would return. The employee took a business card but the owner did not contact
CBS4.
CBS4 News spoke with one parent whose child attends the Day Care. Waldina Vallecillo said, "I have a child here and these are decent people. I have had no problems here with my child, but I told her, 'If anyone is touching your private parts, tell Mommy and don't be afraid.' Of course I'm upset about the allegations. This is terrible."
Earlier this year, the
CBS4 I-Team launched its ground-breaking, first-of-its-kind investigation into statewide daycare safety and also launched the exclusive
CBS4.COM Daycare Database.
According to that database, Discovery Day Care has 29 safety violations from April 2006 to August 19, 2009. Of those 29 violations, at least 7 were deemed serious violations, concerning toxic substances and unsanitary conditions. Less serious violations involved record-keeping and improperly filed paperwork.
(© MMX, CBS Broadcasting Inc. All Rights Reserved.)
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