The CBS4 I-Team's Most Popular Investigations
Dec 11, 2008 11:47 pm US/Eastern
I-Team: Daycare Sued For Negligence
MIAMI (CBS4) ―
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The mother of this child is now suing the Uncle Charles Learning Center for negligence, which she says caused this injury.
CBS
I-TEAM UPDATE 12/11: Since this story first aired, the CBS4 I-Team discovered that the Uncle Charles Learning Center in Lauderhill actually had 50 violations labeled as "failures to comply," by November 2008. Uncle Charles Learning Center opened earlier this year.
The owner, Tracye Wilkerson, insists that all corrections have been made and promises a clean inspection next time. However, it was the last inspection in November that had the most violations of all -- 15 in just one inspection, under categories that Wilkerson had been repeatedly warned about in previous inspections. Aerosol cans left out on the kitchen counter were mentioned in that report.
The 50 violations make the Uncle Charles Learning Center the number one daycare in Broward County for most violations in 2008. The next closest had 24.
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The
CBS4 I-Team has discovered that a Broward County daycare where a child was burned has a history of safety violations.
In the first of its kind investigation in the country, the
I-Team uncovered dozens of troubled daycares in our area.
In this story we've cut out the most troubling images. Even so, the video shot on a family's camera phone, and given to
CBS4 by the family, is difficult to watch.
The video shows 8 month-old Robert Porter undergoing medical treatment for severe burns on his face after a bottle of water being heated at his daycare spilled on him.
"It was literally his whole face had been burned," Robert's mother, Chitia Porter told the
I-Team.
It all happened here at Uncle Charles Learning Center, located at 3421 West Broward Boulevard in Lauderhill.
It is a daycare that records show has been open only nine months. It is also a daycare that the
I-Team, through its six month investigation into daycare in South Florida, discovered is tied for first in Broward County for the number of violations of basic safety rules in 2008.
I-Team Related Links
Uncle Charles Center Reports
The I-Team investigation showed that 222 day cares throughout South Florida had zero violations during a two year time period. But, Broward County Human Service records show Uncle Charles Learning Center had 24 different safety violations. That's 24 violations of basic safety rules garnered in less than a year of operation.
8 of the violations at at Uncle Charles Learning Center are categorized by Florida Department of Children and Family officials as serious.
"I never even knew that," Robert's mother said when the
I-Team showed her the number of safety violations. "It's to the point right now where I'm terrified to put my child in a daycare right now," Chitia Porter said.
"We have had some violations," Uncle Charles Learning Center's owner Tracye Wilkerson told the
CBS4 I-Team.
But when
I-Team producer Gio Benitez showed the number of inspection violations to Wilkerson she expressed surprise. Wilkerson had no idea there were so many. She blamed the large number on starting a new business.
"We're a new business. They didn't tell you that," Wilkerson said. "We're only nine-months-old, so we've had several violations. I can't say that it's 24. I have to look at the numbers myself."
As for the hot water on Robert's face, Wilkerson dismissed that as unusual, not part of a problem that's been building for some time.
"Like I said with Robert," Wilkerson told I-Team producer Gio Benitez, "it was an unfortunate incident. But as well it was an incident that could have happened in the home as well as the business. Would you sue the grandmother if it happened in the grandmother's house? You know what I'm saying?"
But in fact, Broward County records show that Uncle Charles Learning Center failed repeatedly to comply with basic safety rules.
The daycare was cited for violating children to adult ratios twice. It was cited by Broward County inspector for having poor facility conditions twice, and it was cited for a lack of worker background screening five different times.
"Most of them (the violations), if you look into them, were for leaving air freshener out because I don't want a nasty school."
But the
I-Team did look into every inspection record. We found no violation where inspectors listed air fresheners as a problem.
Most disturbing of all was the inspection records from July 3, 2008. There were 11 violations in that report.
But the most disturbing was one that predicted, almost to the letter, what happened to little Robert later. In July an inspector cited the daycare for leaving a hard boiling crock pot on the kitchen counter in a room with unlocked doors. It was a room (the kitchen) that inspector Jane Goldberg said was accessible to children. The record shows Uncle Charles failed the report. [REMEDIAL ACTION] That one violation practically foreshadowed to the detail the circumstances surrounding Robert's accident in October.
I-Team producer Gio Benitez wanted to know more. Reading from the report, Benitez said, "There was also a warmer that was very hot to the touch."
"Right, but the kitchen was locked," Wilkerson replied.
Benitez pointed out that is not what the inspection report said. "The kitchen wasn't locked when the inspection came," Benitez said.
"The kitchen was not locked on the other side, but the side that the kids come in, the kitchen was locked," Wilkerson said.
8-month-old Robert's mother, Chitia Porter, has now filed suit against Uncle Charles Learning Center, alleging negligence and failure to properly monitor children.
You can read a copy of the lawsuit by clicking on the link accompanying this story.
You can also read all the Broward County Human Services daycare inspection reports on Uncle Charles Learning Center by clicking on the link for those reports.
I-Team Related Links
Uncle Charles Center Reports
DCF officials say it is precisely this kind of accident that should prompt parents to check out daycares before they enroll children.
You can find a special interactive map built by the
I-Team with the help of IRE (Investigative Reporters and Editors) of Columbia, Missouri, where you can check out any daycare in our area.
Click here for the database.
You can enter the daycare's name, location and address to find a daycare's inspection history.
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