EMPLOYMENT LAW: Failure to Address Complaint Puts El Monte Daycare Center under Fire

March 22, 2011

Los Angeles County – A daycare center in El Monte, and a government agency are facing lawsuits from the families of eight mentally-disabled adult children the facility took in after allegations of physical and sexual abuse, and failure to properly investigate complaints about it.

According to the lawsuit filed in LA County Supreme Court, the children were sometimes sent home late with bruises, scratches, and skin rashes. They were also gloomy, frightened, and withdrawn. Some of the children have told their families that they were molested and abused.

The lawsuit was led by community organization Consejo de Latinos Unidos after they received a complaint last year from the brother of one of the clients aged 25 with Down Syndrome, addressed in the suit as “Ruben O.” The client was reportedly subjected to “continual abuse” and “was roughly handled and even forced into a restroom by one employee.”

Managers of the center Healthy Start (now known as “New Day”), and a government agency, were notified of the abuse. However, the center allegedly failed to investigate the complaints and notify authorities about it. Program director Kimberly Upchurch said they have documents proving that they did contact different agencies and called the lawsuit a “witch hunt.”

The center also now has security cameras and hosts parent meeting monthly as added supervision. Upchurch believes that a former disgruntled employee is behind the lawsuit, and the families were “propelled by a desire to enrich themselves through litigation.”

Rita Walker, deputy director of community operations for the state Department of Developmental Services, said they received reports about the criminal molestation case from regional centers that administer care for clients.

The state also placed the center on probation and required them to make changes after a former daycare employee, Juan Fernando Flores, pleaded guilty to molestation charges to three women and an employee. Among the changes was an increase in supervision.

Executive Director of the community organization K.B. Forbes said the family wants the daycare to be shut down for negligence and failure to address their concerns. Unspecified monetary damages and compensation for medical expenses are also being sought.