daycare

SoCal Day Care Accused of Using Push Pins to Punish Children

A Los Angeles County day care center was sued Tuesday by the mothers of several young children who allege that two teachers disciplined boys by pressing push pins into their legs.

The four mothers filed the lawsuit in Los Angeles Superior Court against Tutor Time of Agoura Hills, alleging negligence, negligent supervision and hiring, failure to report abuse, assault and battery, breach of contract and both intentional and negligent infliction of emotional distress. The suit also names teachers Rosa Nepomuseno and Jessica Morales.

The adult plaintiffs are identified only as Nicole Z., Kim M., Debbie S. and Krista L. Their children also are plaintiffs and the suit seeks unspecified damages.

A woman who answered the phone at the facility and identified herself as the manager said the center has been under new ownership since August. She declined further comment.

According to the complaint, the four mothers all enrolled children under the age of 3 at the center in 2013 and 2014.

Unknown to the women, Nepomuseno and Morales "had a custom and practice of regularly using push pins to discipline toddler boys in their classrooms," the suit states. "If a boy was deemed inattentive or failed to follow directions, these teachers would stick a push pin into the child's legs."

The pins were pressed deep enough to inflict pain and injury, according to the lawsuit.

"This practice was so commonplace at Tutor Time that the defendants had given it a name; they called it 'pica pica,'" the suit states.

A daughter of one of the mothers was "made to watch the defendants inflict this brutal punishment on her twin brother, which resulted in severe mental and emotional injuries to her," the suit states.

Tutor Time released a statement in response to the claims:

"This matter was resolved prior to the company acquiring the business last year. Previously, the school was an independently owned and operated franchise. The concern was addressed by the franchise owner in conjunction with the licensing authorities. Staffing changes were made prior to the school coming under corporate ownership last year. We are not actively involved in the suit but are monitoring the situation," the statement said.

"As child advocates, we work hard to ensure our children’s wellbeing," the statement said. "We follow strict policies and procedures to ensure that we meet state guidelines of care. We train our employees regularly and emphasize the use of our positive guidance policy for behavior management."

According to the complaint, other teachers witnessed the alleged punishment inflicted by Nepomuseno and Morales, but did not report the abuses as required by law.

The county Department of Social Services conducted an investigation and determined that serious violations occurred, the suit states.

"However, the defendants again hid this information from the parent plaintiffs," the suit states.

The failure to report delayed treatment and counseling for the children, worsening their injuries and damages, the suit states.

The written contracts the adult plaintiffs signed with the center stated that their children would be provided with "the best'' in quality childcare, that only "non-physical disciplinary techniques" would be used and that all suspected child abuse would be promptly reported, the suit states.

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