One child is too many. Yet it has happened again. Beautiful baby LaVontae Swain has needlessly died of heat exposure after being left in the day care van. The day care involved is Lil’ Kings and Queens Daycare.

More troubling is the fact that the Cabinet for Health and Human Services previously investigated this very daycare at least seven times since 2012 and found deficiencies. Horrifyingly, the Cabinet investigated as recently as last year and found that children had been left in the day care van for “hours at a time”, yet allowed this facility to continue to care for our community’s children.  How does this happen?

LaVontae’s death was tragic and completely preventable. The Cabinet knew vulnerable children were being placed at risk and in danger at that Day Care yet did nothing to prevent this child’s death. Not only should the company be held accountable, so should the Cabinet.

This case is very similar to the case I filed against Heavenly Angels Day Care and individuals at the Cabinet on behalf of the Jones children in 2013.

In that case, the Cabinet also had knowledge that children were in unsafe conditions at the Day Care, had previously investigated and found deficiencies, yet turned a blind eye resulting in a tragic and deadly day care van crash.

In the Jones case, the Cabinet is attempting to avoid any responsibility by asserting that the Cabinet owes no duty to these children and that the Cabinet is immune from any liability. The Cabinet is the very entity we as a community trust to police these facilities to keep our children safe.

The fact that the Cabinet claims that it owes no duty to these children is unacceptable. The families who entrust the care of their children to these types of facilities deserve much better.