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Broken collarbone leads to daycare lawsuit

11:35 AM CST on Wednesday, February 28, 2007

By CRAIG CIVALE / WFAA-TV

WFAA-TV
Delaney's parents said they discovered their daughter's collarbone was broken after picking her up from the daycare.

DALLAS - A young girl's injuries have led to a lawsuit claiming a worker at the Children's World Stars and Tykes abused the child.

However, the lawsuit against the day care, which is located inside the Federal Building on Houston Street, doesn't ask for money. Instead, it asks for answers and accountability for the the child's injuries.

The parents of 18-month-old Delaney said they were shocked when they noticed a hand print on their child's arm after they returned home from the daycare one day.

"There was no way it can be misconstrued as a fall," said Jeremy Roden, Delaney's father. "It looked like a hand the second we noticed it."

However, they said that wasn't the only injury that noticed on their child. Her parents said her collarbone was broken when they picked her up from daycare last November. The family blames the broken bone on the center and its teachers who were watching over their child.

"It was believed that she was crying for many hours because she had busted blood vessels under her eyelids," said Tenille Docampo, the girl's mother.

Child care investigators agreed with the parents. The state's Department of Family and Protective Services issued a report last month.

"After investigation, my department has reason to believe Delaney was abused while in care at Children's World Stars and Tykes," the report read.

"This is a parent's worst nightmare," said Jeff Rasansky, the parent's attorney. "They filed this lawsuit because they want to hold this facility accountable."

The daycare center is appealing the decision, and released a statement.

"The employee is no longer working for our center," the daycare said. "The other teacher has since returned to the center. She was not cited and licensing has approved her return."

Delaney has not returned to the center since the day of her injuries and her parents said they have trouble trusting anyone with their little girl since.

"Makes you question every little thing," Docampo said. "And when you walk away at the door and your kids looking back at you, it's horrible."

The Dallas Police Department is investigating the case, but there are no criminal charges at this time because investigators said they cannot pinpoint who injured the girl.

E-mail ccivale@wfaa.com

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