Parents Seek Answers From Staten Island Daycare Center After 5-Month-Old Son’s Death

NEW YORK (CBSNewYork) — Did the actions of workers at a Staten Island daycare center contribute to a baby’s death?

The child’s parents are desperate for answers, but said they’ve been stonewalled by the center, reports CBS 2’s Kristine Johnson.

“It hurts, it hurts,” Jeanette Davila said. “I have to go see my son in the cemetery.”

Jeanette and Oscar Davila said they’re still numb with grief over the death of their 5-month-old son. Jeremy Davila was a happy, thriving baby who died suddenly in March.

“We’re still in disbelief that this happened to him,” Oscar said. “He was such a healthy boy.”

The Davilas said the pain they feel is mixed with anger at the daycare center they took Jeremy to on the morning of his death. There’s still a lot they don’t know about how Jeremy died, and they said no one at the center will tell them just what happened that day.

“We have questions, and we need answers,” Jeanette said.

On the morning of March 25, Oscar dropped Jeremy off at the Kiddie Academy in Staten Island.

At about 3 p.m., Jeanette called the daycare center to check in on Jeremy, and was told everything was fine. However, her husband received a call from a worker at the center three hours later – Jeremy was having trouble breathing.

“We didn’t know what to think,” Oscar said.

By the time the Davilas got to the hospital, it was too late. Jeremy was dead.

“All eyes were on me, so I had a feeling,” Jeanette said. “Everyone stopped because mom was coming in, and they had to tell me the horrible news that Jeremy passed away.”

The Davilas were stunned when told there was no written report. Daycare workers said there hadn’t even been an incident, and that Jeremy’s death could not have been prevented.

“They didn’t want to give us anything in writing,” Oscar said. “They claimed that nothing had happened, that it was inevitable.”

However, records piece together a troubling picture of the last hours of Jeremy’s life. The center’s own log shows that Jeremy was put down for a nap at 2:30 p.m.

The Davilas said that Jeremy never slept for more than an hour, but according to a report, it wasn’t until 5:40 p.m. – more than three hours later – that a worker checked on him.

By then, Jeremy was “unresponsive” and “not breathing.”

Jeanette had been told everything was fine when she’d called earlier, but records show a daycare worker told an EMT that Jeremy wasn’t feeling well and that he had been crying.

“That was a cry for help,” Jeanette said.

“Some of the things that went on here are simply beyond comprehension,” the family’s attorney, Marc Albert, said. “How did nobody take a look at this kid for three hours and ten minutes, especially when they knew he was sick?”

Albert said it gets even worse. Daycare centers are required by law to have a staff member trained in CPR on the premises at all times. The police report, though, reveals that it was another mother picking up her child who performed CPR, and the 911 call wasn’t made for at least 18 minutes after Jeremy was found.

“From the time the child was fed until the time he died, every step of the way there were problems,” Albert said. “Every step of the way, there were things that should have been done that weren’t done.”

CBS 2 reached out to Kiddie Academy for their side of the story, but the daycare center said that an appointment was required. When CBS 2 tried to make an appointment, the daycare center hung up the phone.

The Davlias said they believe Jeremy would not have died if the facility had done its job.

“I think Jeremy would’ve still been here with us, absolutely,” Oscar said. “There is no question in my mind that he still would’ve been here with us.”

The Davilas said they will not stop trying to find out just what happened to Jeremy, and they’re speaking out to try to prevent any family from suffering as they have.

“We have a great loss in our life now,” Oscar said. “It’s going to last forever, this pain.”

“It’s sad that my son had to pay the price, but we’re hoping that people are aware and that daycare providers are more careful,” Jeanette said.

Jeanette Davila filed a complaint with the State Register of Child Abuse.

In response, the city Administration for Children’s Services launched an investigation. The city Health Department also opened an investigation after the death was reported to them by the daycare center.

Kiddie Academy is a franchise with several centers in the area. The center in this report is located on Staten Island.

More from Kristine Johnson
Comments

One Comment

  1. Iknow says:

    WE HAVE HARD COPIES OF ALL YOUR COMMENTS AND YOU ARE ASKING FOR A LAWSUIT FOR SUCH FABRICATION. JEREMY DID NOT DIE OF SIDS AND WE WANT EVERYONE TO CALL THE MEDICAL EXAMINERS OFFICE AT 212-447-2030 AND ASK THEM DIRECTLY AND EVERYONE WILL REALIZE WHAT A TERRIBLE PERSON YOU ARE FOR LYING. PAY ATTENTION TO THE CHILDREN AT YOUR DAYCARE AND STOP POSTING LIES ON THIS WEBSITE. GET YOUR PRIORITIES STRAIGHT. WHY DON’T MAKE THE CHANGES THAT ARE REQUIRED AND STOP TRYING TO BLAME EVERYONE BUT YOURSELF.

  2. Call ACS says:

    Who are you? Please identify your self. Jeremy did not died of SIDS. You should be ashame of yourself. You are in denial and a liar. Shame on you!!!! We all want to know who you are. Instead of implementing changes in your awful daycare you are scrambling to blame others. A lawsuit should be filed to ruin you. The more you keep writing lies the more we will expose you. We hope more parents continue coming forward and expose all your wrong doing to ACS. Again the number is 212-341-0900.

    1. answers says:

      The medical examiners info desk phone number is 212-447-2030 – the findings are public record and will answer your questions.

      1. Iknow says:

        WE HAVE HARD COPIES OF ALL YOUR COMMENTS AND YOU ARE ASKING FOR A LAWSUIT FOR SUCH FABRICATION. JEREMY DID NOT DIE OF SIDS AND WE WANT EVERYONE TO CALL THE MEDICAL EXAMINERS OFFICE AT 212-447-2030 AND ASK THEM DIRECTLY AND EVERYONE WILL REALIZE WHAT A TERRIBLE PERSON YOU ARE FOR LYING. PAY ATTENTION TO THE CHILDREN AT YOUR DAYCARE AND STOP POSTING LIES ON THIS WEBSITE. GET YOUR PRIORITIES STRAIGHT.

  3. thetruth says:

    The baby died of SIDS, plain and simple. Sleeping babies here are checked every 15 minutes. The store in the news is all BS. They’re looking for a scapegoat when there is none. They’re also pumping up their lawsuit too

    1. Call ACS says:

      Who are you? Please identify your self. Jeremy did not died of SIDS. You should be ashame of yourself. You are in denial and a liar. Shame on you!!!! We all want to know who you are. Instead of implementing changes in your awful daycare you are scrambling to blame others. A lawsuit should be filed to ruin you. The more you keep writing lies the more we will expose you. We hope more parents continue coming forward and expose all your wrong doing to ACS. Again the number is 212-341-0900.

  4. Call ACS says:

    To every parent who have removed their child for neglect and other horrible incidents in Kiddie Academy in Staten Island please call ACS and report your incident. All calls are kepts confidential. Please call 212-341-0900.

  5. answers says:

    The medical examiners info desk phone number is 212-447-2030 – the findings are public record and will answer your questions.

    1. What goes around comes around says:

      It does not matter what Jeremy died of.Leaving a new born unattended for 3 hours and ten minutes does not justify that day cares action.Or should i say “lack of action.You will pay some how with the uncaring actions of all who were there that day.Karma ,remember ! hope you pay someway or somehow.

    2. Call ACS says:

      To every parent who have removed their child for neglect and other horrible incidents in Kiddie Academy in Staten Island please call ACS and report your incident. All calls are kepts confidential. Please call 212-341-0900.

  6. Sam says:

    C.Daily who are you to decide the daycare was not at fault. Let it to the professionals who is at fault. Investigations are not complete.

  7. MARY says:

    Hey C. Daly, the investingation is not complete yet. MAYBE YOU SHOULD REPORT ALL YOUR INCIDENTS TO THIS FACILITY BECAUSE EVERYTHING WILL COME OUT. GOOD LUCK IN DEFENDING THIS AWFUL DAYCARE. ACS IS NOT COMPLETE AND DOH. LET’S SEE WHAT FINDING THEY COME UP WITH. YOUR FACILITY TOOK 18 OR 28 MINUTES TO CALL 911. ARE YOU CALLING THE POLICE OFFICERS LIARS??????
    I’M ASSUMINNG YOU ARE THE OWNER BECAUSE YOU SOUND LIKE SO YOU ARE IN DENIAL. YOUR WORKER INDICATING IN THE POLICE REPORT THAT JEREMY WAS SICK. TELL US WHAT HAPPENED THAT DAY. WE ALL WANT TO KNOW. GOOD LUCK IN GETTING OUT OF THIS ONE. ALL EYES ARE ON YOU.

  8. Sarah says:

    C. Daly, try to convenience yourself that the Jeremy died of natural causes. Tell it to the judge

  9. mmags says:

    As a parent, a tragedy like this puts the fear of God into me, as it should any parent who has a child that attends a daycare center. We rely and put our trust into these workers to watch and care for our children, whether it be for 4 hours or 9 hours. To NOT check on an infant for more then three hours…when he had a little cold; waiting almost 20 MINUTES to call 911 when the moment they found him – every single person in that establishment should have been on the phone calling 911. Then to have another mother perform CPR is unimaginable. How DARE anyone say that Kiddie is not responsible. I read the facts and I watched them shut the door in the reporters face. An innocent baby is dead and two wonderful loving parents are now having to live life without their child. This is something that should NEVER have happened. There should be competent workers in the infant room at ALL times, not once every few hours. Camera’s should also be installed for instances like this; and all workers should be certified in CPR – this is actually the law, if I am not mistaken. Why no members of the staff were knowledgeable enough to perform CPR is incomprehensible! How any parent can continue to bring their child to that place knowing a child died there, is beyond me. I hope as you read this story you count your blessings that you have your child safe at home. My prayers will always be with Oscar and Jeanette, and and for the love that Baby Jeremy has left behind.

  10. please close this daycare says:

    Wow who would leave there kid there knowing there cold response.This place should be closed down and workers who were supposed to be watching should be charged.1 child dying in daycare is 1 too many.

    1. i work nights says:

      Workers were probably too busy texting on there phones.This is why parents need to watch own kids if you need to work that bad work differant shifts .

  11. Nohemy Reynolds says:

    Jeremy was the victim of neglect by this Daycare. He is a warning to all parents who entrust their children to these facilities to check on their daycare’s credentials,previous complaints, and emergency plans. All daycare staff should be trained in CPR and emergency response. As caregivers, they are responsible for our children’s care during the time they are there, just like we as parents are responsible for our children. Kiddie Academy failed to properly supervise Jeremy and they must pay for the consequences of their neglect. Perhaps a mandate will come from the government to require all daycare centers to have a clinical staff member on site at all times. We will always miss Jeremy and pray for my brother Oscar and Jeanette.

  12. C. Daly says:

    im a parent and was there during the incident..the school was NOT at fault and followed every procedure in beyond a timely fashion!! EVERYONE is heart broken!! Dont believe what you read in the papers! The “news” doesnt always have the facts. The school is great and treats each child as their own!! The baby was sick! Do not blame the school when they should be commended for their quick actions!!!

    1. Jose says:

      The news and lawyers won’t touch a case like this if facts are not legit. You want to believe what the daycare tells you because your child goes to this daycare. Don’t believe everything what KID-DIE Academy’s tells you. If that would have been your child, then you would be telling the story above. Facts are facts and you can’t change that. Parents want to believe and hope that their child is safe but once you walk out that door you don’t know what takes place.

      1. Jose says:

        You mentioned that KID-DIE Academy should be commended for their quick actions!!!! What quick actions????? Did you not read the story????
        It took them 18 minutes to call 911 and no one in the daycare performed CPR on the child. Please read the story again.

      2. jose says:

        So the baby was Sick so he deserved to die???? Were you there from 7:00 to 6:00???? Everything they did was wrong from beginning to end. Sorry there are no excuses for this tradegy.

      3. C. Daly says:

        YOU WERE NOT THERE- I WAS!! And IT DID NOT take 18 minutes to call 911!! It was INSTANTLY 911 was called-as well as CPR being performed!! Not only is everyone in the facility CPR trained, but the parent who took charge and performed CPR just so happens to be an EMT-who would you rather take control? Someone who learned on a dummy or someone who does this on a daily basis? Please dont insult my intelligence, no the baby did not deserve to die!!! What the news media DID NOT report was ALL the investigations that were done completed and found the child passed with natural causes and the school was not at fault. I have actually been at the parent’s end of a horrible tragedy such as theirs and I understand the pain of losing a child to SIDS. The parents need someone to blame. They had questions and WERE given answers. They simply werent what they wanted to hear-as I would probably be the same, I’d want someone to blame too. The baby wasnt feeling well-hence the reason the mother called to check on him throughout the day. This was a tragic day for all who lived it!! NO ONE will get over this!!

    2. J. Cas says:

      In all honesty the people responsible for Jeremy’s death is “KID-DIE Academy”. Jeremy was not sick. He was born a healthy child and according to the evidence his father brought the baby to the daycare in a healthy condition. When Jeremy was checked he was found unresponsive. This would have not been the case if the daycare did their job by checking on Jeremy and responding much faster. Jeremy would have been alive today if it were not for the poor management and poor trained staff members that could not perform CPR to give Jeremy a chance. It is the responsibility of the daycare to be well trained and have maximum attentiveness on all of their clients’ kids especially on a “SICK” child like Jeremy. The daycare failed to serve their duty.

      To the mother of Jeremy I have you in my prayers. As a mother, I could only imagine the pain that you are going through. Ignore the ignorance of certain people, and find the heart to forgive the people that where irresponsible.

    3. N Reynolds says:

      To say Kiddie Academy did OK by not checking in on Jeremy for over three hours, not initiating CPR and not calling 911 for over 20 minutes is illogical. The biggest tragedy is that Jeremy is no longer with us. Ill or not, he deserved supervision as is mandated by all states. Let us hope you are not a representative of Kiddie Academy as this is just another sign of the denial that exists at that facility.

  13. Iknow says:

    Some lady JB made an awful comment defending the daycare but her comment was removed. She said made an inappropriate comment.

  14. Sarah says:

    JB are you really a parent or are you the awful owners defending their business? I would be ashame to place my child in this daycare. How can you sleep at night? Start finding another daycare for your kids because this place will be CLOSED down.

  15. Iknow says:

    JB I think you owe Anne an apology. CBS will not make allegations that are not true for legal reasons. The 18 minute delay is listed in the police report. Maybe you should remove your kids from this awful daycare.

Comments are closed.

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