FSSA shuts down day care where 1-year-old was injured

Baby Jesse released from Riley Hospital
Injured baby released from hospital
Baby recovering from beating injuries
Baby injured
Child injured
Day care attack
State inspections at day care
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INDIANAPOLIS (WTHR) – A one-year-old baby who was reportedly injured while at day car will finish his recovery at home.

Doctors released Baby Jesse from a hospital Wednesday after treatment for serious head and facial injuries.

Doctors cleared the child of any apparent other injuries after analyzing an MRI.

Baby Jesse's grandfather drove into town to see his grandson in person for the first time ever and learned from the boy’s condition had improved. The grandfather had only seen the boy via Facetime due to his own health issues limiting his travel.

“He's been playing with his cars and moving around a lot. He is eating solid food now and doing a whole lot better,” said Jesse Harris.

“It's all neglect,” said Willie Williams. “And I worked at a day care. I was never five steps away from a child. If a child got scratched, I'm there.”

The parents told Eyewitness News that a caregiver at Kiddie Garden Day Care called them to pick up their one year old on Monday. They found the baby with multiple serious injuries. The parents, told a two-year-old child is responsible for the injuries, still have questions that have not been answered.

“What was the level of blunt force between like, I know there is a threshold from a child versus an adult,” said Harris.

The owners of the day care operate another facility nearby by on 38th and N. Sherman St.

13 Investigates obtained a copy of a hand-delivered Emergency Closure Order saying the day care “poses an immediate threat to the life and well-being of children.” The same letter also cites a child seriously injured due to lack of supervision.

The Sherman Ave. location remains open as the owners are fully cooperating with investigators. They remain confident that the investigation by both IMPD and CPS will exonerate them.

Baby Jesse's grandfather said he feels guilty for insisting his daughter start the child in day care. It was his advice, encouraging his daughter to navigate the different goals she is working on to improve her family’s quality of life.

“I feel like it's my fault,” Williams said. “She didn't want to do it. I forced her to do it because I wanted her to finish school and I didn't want all these distractions.”

Jesse’s father told us he is a member of the Indiana National Guard and expects a future deployment.

Jesse has a number of medical follow-up appointments in his future. Doctors have expressed concern about persistent swelling in the left eye. It’s too early to determine if any of the injuries will have any long-term neurological impact.

Meanwhile, the boy’s parents await the outcome of the investigation and about who will be held responsible for the injuries.

The family also shared a warning about a GoFundMe account that someone had set up in the family’s name. They said they didn’t know the person and that they set up their own such account so that donations could be properly directed.

There’s no word yet on when IMPD and CPS will complete their investigation.

EARLIER STORY:

"It's just suspect man, something is not right,” said Jesse Harris, the boy’s father.

Harris and fiance Tiffany Griffin want to know who injured their 1-year-old son. Baby Jesse is at Riley Hospital for Children at IU Health, where the distraught parents broke down in tears Tuesday, talking about what happened.

"It took me a year to get day care and I just got day care for him and this is what happens to him. He has not even been in day care a whole month," Griffin said.

"It angers me and I can't do anything about it. It hurts, it just hurts," Harris said, wiping away tears.

Police were called to the day care center on April 30 on a report of an injured child. The boy's mother told officers the day care called for her to pick up their son. She found him inside, crying and injured.

"My son was in a high chair, screaming, busted, both his eyes busted, bruises all over, screaming," said Griffin.

Griffin said the day care blames the injuries on another client's 2-year-old, something they dispute, especially since baby Jessie isn't in the clear yet.

CPS employees spent more than an hour at the business Tuesday, talking with the day care owners.

Meanwhile, Baby Jesse's parents just want their son healthy again.

“I just want him to be better," said Griffin.

On Wednesday, Baby Jesse's father told Eyewitness news that Jesse's MRI came back clear.

The parents said family and friends have always called their son "the happy baby" because he is known for his infectious smile and laughter.

He shows that nickname is well-deserved in a video shared with Eyewitness News, showing Jesse standing in his crib at the hospital, reaching for the cellphone that's recording him, smiling and laughing with his family. All while the boy and his parents await the results of an MRI that was completed on Tuesday.


No one has been arrested in the case.

Tuesday afternoon the FSSA hand-delivered an emergency closure order to Kiddie Garden at 1853 E. 38th Street, stating that the conditions in the child care home pose an immediate threat to the life and well-being of children in the care of the facility. FSSA officials say the order is related to the serious injury of a child on April 30, 2018, due to lack of supervision. The order is effective immediately.

FSA document
FSA document

13 Investigates probed inspection records for the day care and found minor violations, which were all corrected immediately. The inspections included making sure all employees were tested for TB at their own expense, a state requirement for day care businesses. The inspections also made record of the employee-child ratio numbers as well.

KiddieGarden Day Care has more than one location in the metro area.

The day care released the following statement regarding the incident:

"We are deeply saddened about what took place yesterday afternoon to Jesse. We at Kiddiegarden pride ourselves on not only providing quality service to families, but also providing a clean, safe and healthy environment for all of our children since we opened our doors three years ago.

Kiddiegarden has never had any accusations of abuse or maltreatment from any of our children or parents. This was truly a sad, shocking and unfortunate event. We have been diligently working with law enforcement, child protective services, as well as state agencies on this matter. We have been fully cooperative and transparent with law enforcement to complete their investigation.

Our hearts go out to Jesse and his family and are praying for his well being. Due to this still being an ongoing investigation, we are not at liberty to disclose any further details. We have confidence in the detectives who are handling the investigation to give us a final report of the incident, which we will make public. At that time we will make another statement addressing the matter."

13 INVESTIGATES

These are some of the inspection items for Kiddie Garden Day Care gathered by Eyewitness News as part of our Investigation into allegations of abuse at the facility being investigated by IMPD and Child Protective Services. The partial list includes the date of the infraction, type of correction needed and the date resolved according to state records.

Date: 3/6/2018
Type of correction needed: need drug screen for provider
Date Resolved: 3/6/2018

Date: 12/19/2016
Type of correction needed: No drug test for 2 staff
Date Resolved: 12/28/2016

Date: 12/19/2016
Type of correction needed: NO physical for 1 staff
Date Resolved: 12/28/2016

Date: 12/5/2016
Type of correction needed: Fence is unsecured in one area
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: No current TB test for Provider and 1 Staff
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: Children were playing with the cord to the blinds when I arrived. Swing set not mounted to the ground. in the outside play area the Sand/Water table has standing water and trash in it. Mop bucket full of water accessible to children
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: dead bolt was locked to one of the fire exit doors
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: No drug test for 2 staff
Date Resolved: 12/28/2016

Date: 12/5/2016
Type of correction needed: Has not notified the fire department
Action needed to correct issue: The licensee shall notify the local fire department at the time of application or re-licensure of the licensed capacity and the hours of operation of the home
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: At time of arrival the child staff ratio was 11 children to 1 caregiver.
Date Resolved: 12/19/2016

Type of correction needed: No physical for 3 staff members
Date Resolved: 12/28/2016

Date: 12/5/2016
Type of correction needed: 4 bags of trash were sitting on the floor.
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: Outlet covers missing on a few of the outlets.
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: Diaper changing table is dirty on and under the changing pad.
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: 1 outlet cover is broken and 1 outlet cover is missing
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: There are areas in the basement that look to be mold.
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: Providers CPR and Universal Precautions expired
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: 1 pack-n-play has a crib mattress with rips in it and 1 pack-n-play has a broken base.
Date Resolved: 12/19/2016

Date: 12/5/2016
Type of correction needed: Cleaning supplies under kitchen sink accessible to children Cleaning supplies on kitchen counter accessible to children Clorox wipes on bathroom sink accessible to children
Date Resolved: 12/19/2016

Date: 1/4/2016
Type of correction needed: No proof of car ins.
Action needed to correct issue: Children may be transported by an individual eighteen (18) years of age or older having a valid driver’s license and driving a properly licensed and insured vehicle in safe condition
Date Resolved: 1/6/2016

Date: 1/4/2016
Type of correction needed: No smoke dect. upstairs and in basement
Date Resolved: 1/6/2016

Date: 1/4/2016
Type of correction needed: Shut off's not labeled
Date Resolved: 1/6/2016

Date: 1/4/2016
Type of correction needed: Sink in bathroom and chest in infant room need secured to wall
Date Resolved: 1/6/2016

The state has a tool to help parents find safe and convenient child care around Indiana. Go to childcarefinder.in.gov to choose your preferences, find nearby child chare providers, and see what inspections and complaints have come against the day cares.

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