CORONAVIRUS (COVID-19) RESOURCE CENTER Read More
Add To Favorites

'We just want answers': Parents, DCF say son was abused at day care

Northwest Florida Daily News - 7/9/2018

July 09--FORT WALTON BEACH -- Just over a year ago, Adam and Alexandria Batson experienced one of every parent's worst nightmares -- their son was allegedly abused while being cared for at day care. Now, they're sharing their story in the hopes that other parents won't have to go through the same thing.

The Batsons say their twin daughter and son, who are now 5 years old, were being cared for at Hamma and Bampa's TLC Recreation Center in Fort Walton Beach last year when they got a call that something had happened to their son.

"They called us and said that there was an incident at the daycare," Alexandria said. "And that there had been an incident with (our son) and they had let the teacher go."

When Alexandria rushed to pick up her kids, she said she could see visible marks on her son, including some in the shape of a hand print. He was crying.

Report finds abuse, lack of remorse

According to an investigative report filed by the Department of Children and Family Services, on June 29, 2017, the children at the day care were lying down during nap time. The Batsons' son, whose name is not being used in this article to protect his identity, was squirming around trying to get comfortable when his teacher, 67-year-old Elaine Lee, put her legs on top of him from his torso down.

The child, who was lying face down at the time, was crying and screaming, but Lee continued sitting on him and told him to stop moving, according to the report. After 15 seconds, Lee stopped. The child then moved his foot and Lee took it as a sign of disobedience, so she "pushed his foot into the ground hard," the report said.

The boy was screaming that it hurt, but the teacher continued pushing his foot down for about two minutes. She then made him sit in a chair. After she determined that he was behaving, she wanted him to lie back down, so she grabbed him and dragged him to the mat by his wrist and ankle, slammed him onto the mat and "pushed him hard" before telling him not to move, "or else," the report said.

The DCF investigation, which was completed Aug. 10, 2017, found that Lee used "excessive force" in handling the child. It also said the Lee placed blame for the incident on the child, who she told investigators was "an obnoxious and hard-headed child."

"Ms. Lee indicates that she has been in the child care field for at least 15 years, and her complete lack of understanding of child development and progression is concerning," the DCF investigator wrote in the report. "She does not appear to have any patience, and it would be concerning if she remains working with children in a child care setting."

Lee was fired from TLC in June immediately after the alleged incident happened, and the Batsons withdrew their children from the day care, according to the report. The Okaloosa County Sheriff's Office launched a criminal investigation into Lee's actions, and she was arrested April 12, 2018 on one count of felony child cruelty.

According to her DCF report, in her interview with OCSO investigators, Lee "willingly discussed the allegations" and "got a toddler-sized rag doll to demonstrate what she did in relation to the child.

"Ms. Lee did not appear to have any remorse," the report said. "And she presented as this was normal behavior for her ... it does not appear that this is the first time that Ms. Lee has engaged in treating children in this manner."

Lee was booked into the Okaloosa County Jail on April 12, according to court records, and posted $2,000 bond. She's being represented by the public defender's office, who wouldn't comment on her case when reached by the Daily News.

Her trial is set for July 23.

Red flags and noncompliance

According to the DCF report, the incident with the Batsons' son wasn't the first time Lee's behavior raised -- or should have raised -- red flags for TLC management.

Prior to the incident with the boy, Lee made statements about her desire to hurt children through drowning and whipping them, according to the report. She admitted to making the statements to investigators, but said she was "only joking." The statements were reportedly brought to the attention of management prior to the incident with the boy, but management "did not take any action," according to the report.

"In no context is the statement of drowning or needing to whip children humorous," the report said. "Management should have ensured that Ms. Lee was mentally appropriate to be in a primary caregiving role for young, active children."

Lee told investigators she wasn't trained to use those techniques at the day care, and it was something she did herself. She told DCF investigators that she hadn't been educated on any policies related to whether or not she was permitted to physically restrain a child.

Christian Bissounette, director of TLC, told the Daily News that the day care took immediate action against Lee after the alleged abuse occurred.

"When we were made aware of the incident, we immediately called the Florida abuse hotline," Bissounette said. "After the report was filed, Elaine was terminated immediately, because her actions do not align with our policies."

'I was just broken'

Now, almost a year later, the Batsons say they're doing everything they can to get back to normal.

Both Alexandria and her son had to receive counseling to deal with what happened, she said. Her son is distrustful of teachers and struggles at nap time.

"We put him in a different school, and any time around nap time he would have full-fledged panic attacks," Adam said. "It turned into a big problem at nap time. Somebody would have to pick him up."

Alexandria was unable to keep her job because she was constantly having to pick her son up from his new day care, and said the guilt stays with her to this day.

"I was just broken," she said. "I felt like I had failed because I was supposed to keep my son and my daughter safe, and it was my fault because I brought them there. I definitely cried a lot, and just felt like I failed him. I should have known."

In addition to the criminal charges against Lee, the Batsons also retained attorney Christopher Madden, who works for Wesley, McGrail and Wesley in Fort Walton Beach, and have filed a civil suit against Lee. They're seeking damages in excess of $15,000.

But more than anything, the Batsons hope their case will make other parents aware of the potential dangers of day care centers and injuries that may otherwise appear unremarkable.

"It's not so much about the money, we just want answers," Alexandria said. "It's in our mind that this may happen more often than not, and it might just be getting brushed under the table. There might be bruises on your kid and you might just think it's from them running around, but it might be something else."

According to DCF, from June 25, 2017 to June 25, 2018 there were 158 institutional child protective investigations in Okaloosa County. Those investigations are not specific to day care facilities, but pertain to any facility where children are being cared for, including schools and juvenile justice centers.

A DCF spokesperson said Lee's actions were "reprehensible."

"When a parent drops their child off to day care, there is an expectation that the child will be safe and treated with love and respect," the spokesperson said in an email to the Daily News. "As soon as DCF received a report, the department immediately initiated a child protective investigation and child care licensing staff began an investigation into the facility."

This fall, the Batson twins plan to start kindergarten at Shalimar Elementary. Their parents are anxious about the new chapter, but said they're looking forward to a clean slate at a new school.

"It's definitely changed our lives," Alexandria said. "He remembers the 'bad school' and the teacher grabbing his arm, and getting him to trust other teachers is going to be difficult ... but we're excited for them to start school this fall and, hopefully, moving forward from this."

___

(c)2018 the Northwest Florida Daily News (Fort Walton Beach, Fla.)

Visit the Northwest Florida Daily News (Fort Walton Beach, Fla.) at www.nwfdailynews.com

Distributed by Tribune Content Agency, LLC.