Daycare Lawsuit Filed Over Death of 2 Yr Old Found in Back Seat of Van

A Pennsylvania wrongful death lawsuit was filed this week against a day care facility in Bucks County over the hypothermia death of a two-year old boy who was left in the back seat of a van.

The parents of Daniel Slutsky filed the daycare death lawsuit after their son was found dead on July 1 in a locked minivan outside of the Fairy Tales Daycare Center in Penndel. The van belonged to co-owner Rimma Shvartsman, who lives just two doors down from the boy’s parents, Gil and Lyudmila Slutsky.

Law enforcement officials say the death is still under investigation, and the possibility of criminal charges has not been ruled out. The Pennsylvania Department of Public Welfare says that it wants the day care facility shut down, after inspectors found possible safety and recordkeeping violations.

The state initially shut the daycare center down on July 7 in the wake of the inspection, but the facility has since re-opened after a ruling by a judge that there was no continuing emergency situation justifying the closure. The reopening has been appealed to the state Supreme Court and a hearing is scheduled for Monday.

State inspectors found a lack of records on both children and staff at the facility, and expressed concern that at least two employees lacked “appropriate” clearances for criminal and child abuse history. The facility was also found to have no one on staff designated to ensure the facility met regulatory compliance except the director, and noted that the operators of the facility failed to file a written report on Daniel’s death within 72 hours of finding his body.

State officials say the result of the inspections showed signs of gross incompetence, and pledge to continue efforts to get the facility closed down.

According to the wrongful death complaint, the Slutsky family seeks an unspecified amount of damages, and alleges that the operators of the day care were “under a legal and moral duty to provide competent and safe care.”