Judge denies injunction in day care hearing
Posted On: Wednesday, Mar. 12 2008 11:57 AM
Updated On: Wednesday, Mar. 12 2008 11:57 AM
BELTON — Little Blessings Child Care Center must stay closed pending a state investigation, said Judge Gordan Adams today.
Today's ruling concludes a hearing sought by Jackie Haile, Little Blessing's owner and Brett Pritchard, Haile's attorney, to get a temporary injunction against the state to allow the day care to continue operating during an investigation following the alleged sexual assault of a 4-month-old girl at the day care on Feb. 20.
Adams denied the injunction saying that to allow the day care to remain open, he must find that the day care does not pose a risk to children.
"The court cannot make that finding at this time," Adams said
The ruling today has no bearing on the letter the Texas Department of Family and Protective Services gave Haile Monday indicating its intent to revoke the business' child care license.
The letter was presented during the hearing Monday morning
"Today, a formal action was taken by the department to the plaintiff," Michael Crowley, of the Texas Attorney General's office, said Monday. Crowley is representing the agency in the hearing.
The letter cites the current investigation of the alleged sexual assault and previous violations as justification for suspending business operations.
Chris Van Deusen, spokesman for Protective Services, said the letter does not immediately revoke a license, but starts the process. "It's not revoke and done," he said.
The license holder has 15 days after the letter is received to ask for a review. The day care is required, however, to close immediately upon receiving the letter. The business can stay open, though, if a judge allows it. The day care has been closed since March 3.
The agency's letter to Haile continued beyond the recent allegations in listing reasons to close Little Blessings, 803 N. 10th St. in Killeen, which has been open since October 2004.
The letter listed violations found during a Feb. 21 inspection – the day following the alleged sexual assault – including failure to perform background checks on all employees, improper care giver/children ratios and failure in responsibilities of employees and caregivers to demonstrate good judgment and self-control.
Violations from previous inspections included lack of documented required annual training, having one caregiver per group of children trained in first aid and CPR, safety in keeping areas free from hazards, required immunizations, properly labeled cleaning supplies and proof of an annual fire inspection.
"DFPS has determined that your operation poses a risk to the health and/or safety of children," the letter states.
The letter also devotes a page to describing the violations on Feb. 20 – the date of the alleged assault.
"You and your staff failed to seek immediate medical attention for the infant, minimized the injuries to the infant and failed to contact the parent and/or appropriate authorities as soon as possible," the letter reads.
Officials responded to Carl R. Darnall Army Medical Center at 9:45 p.m. Feb. 20 in response to a welfare concern, stated a Killeen Police Department news release. The mother of the victim drove to the hospital after leaving Little Blessings Child Care Center and asked that her child be checked for unusual bruising.
An officer met with doctors at Darnall and was informed that the infant had bruising consistent with a sexual assault, according to the news release.
In testimony Monday, Porter said a representative from Child Protective Services talked to her on Feb. 21 about the incident. She said the CPS representative came back Feb. 22 to talk to her about Beard being around her own children.
Porter said Beard moved to Killeen in 2006 and had been living with her and her husband. When asked if she would let Beard into her home if he was released from jail, Porter said she was advised by CPS not to allow him in her home.
Beard is still at the Bell County Jail on $200,000 bond, jail officials said Monday afternoon.
The arrest affidavit for Beard states that a Killeen Police Department detective interviewed Beard twice. In the first interview, the affidavit states, Beard admitted that he was at the day care at the time the injury was suspected to have occurred to the child and admitted to touching her by rubbing her back.
In the second interview, three days later, the affidavit states that Beard admitted to putting his finger in the 4-month-old girl's behind. Beard said in an interview with authorities that "maybe he wiped her too hard when he changed her diaper," according to the affidavit.
On Monday, Porter said Beard was not in the day care very long. "Just to help me bring in the stuff, then he would leave," Porter said.
Porter said Beard would often ride with her to the day care, mainly to get to a nearby bus stop to go to other jobs or appointments around town.
See more in tomorrow's Killeen Daily Herald.