Heat caused child's death
March 13, 2009 - 7:15 PM
By Roselee Papandrea / Times-News
The 1-year-old boy found not breathing at a Haw River day care Monday died from
hyperthermia "related to heat and sun exposure," according to an Alamance County
Department of Social Services report.
According to a source with knowledge of the investigation, the child was left in
a car. On Monday, the day the child died, the high temperature was 81 degrees in
Alamance County.
Judy Harper, 59, the owner of the Palmer Leigh Small World day care, was in
charge of the baby at the time of the incident. Listen to 911 call.
She was charged Thursday with involuntary manslaughter for allegedly creating a
"substantial risk of injury, hyperthermia, that resulted in the child's death,"
according to a press release from District Attorney Rob Johnson.
Harper turned herself in at the Alamance County jail at around 3:30 p.m.
Thursday. A magistrate placed her under $500,000 bond, but she was released from
jail at 7:15 p.m. Thursday after her bond was reduced to $10,000 by Superior
Court Judge J.B. Allen.
Johnson said Friday that he wanted Harper's bond reduced before she had her
first appearance Friday.
"When she was taken into custody, the bond was set at a clearly excessive
amount," Johnson said. "I wanted to make sure it was rectified at an early
stage."
Harper cooperated with investigators, and she is not considered a flight risk,
Johnson said.
"Her bond was more than what people who are charged with intentional
first-degree murder have set for them," Johnson said.
HARPER CALLED 911 at about 2:51 p.m. Monday. She told the dispatcher at Alamance
County Central Communications that she had a 1-year-old baby that "just passed
away," according to the 911 call.
She told the dispatcher that she was babysitting the child and that he had a
fever over the weekend. She thought the baby was sleeping. She said she already
tried to perform CPR on the child.
"I went to wake him up at 2:30," Harper said. "I thought he'd been asleep. He
had a fever over the weekend."
The dispatcher asked if the baby was still warm. She indicated he was "real
warm." The dispatcher told her that CPR needed to be performed on him.
"Well, I tried, but I can't," she said.
"Ma'am, I'm going to help you," the dispatcher said.
"Well, OK."
The dispatcher asked her if she had been watching the baby. She said she's
watched him since he was a newborn.
"When was the last time you checked on him?" the dispatcher asked.
"I'm in the same room with him. I'm always in the same room with him," she said.
Haw River firefighters and police officers responded to the day care center at
501 E. Main St. minutes later. When they arrived, they found that the child
wasn't breathing and didn't have a pulse, according to a search warrant obtained
by Haw River Police Department at 5:35 p.m. Monday.
Firefighter Keith Beaver moved the baby to a table to start CPR.
"Keith Beaver stated he observed what appeared to be burns and the skin was
peeled up on the child's legs," the warrant states.
Beaver removed the child's jumpsuit and there were burns and bruises on the left
side of the baby's abdomen. The baby's body "felt very hot," the warrant states.
The baby was taken to Alamance Regional Medical Center where he was pronounced
dead.
When authorities interviewed the baby's mother, she told them the baby was sick
over the weekend but he was fine when she dropped him off at day care Monday
morning, according to the warrant.
"Judy Harper states to Lt. Tim Smith that the child went home sick Thursday with
a fever," the warrant states. "Judy Harper stated the child was not there Friday
and when the child came back (Monday), he seemed to have a lot of congestion."
The warrant gave police permission to search the day care center as well as a
1992 Ford Taurus station wagon. When authorities requested the warrant, the
items they expected to seize included blood and body fluids, possible weapons, a
diaper bag as well as heating appliances and curling irons.
The items that were actually seized from the day care center included tissues,
bath towels, a small pillow and gauze, which all had blood on them. Emergency
numbers in a frame and a clear gallon jug with a bleach and water mixture as
well as a "skin sluffer," a knife and a brush, which were all found on a kitchen
counter top.
From the station wagon, authorities seized a piece of the front passenger seat
with a blood stain on it, a blue denim purse with blood on it and a green rag
with blood in it, which were taken from the front passenger seat.
ACCORDING TO a DSS Child Protective Services history report, DSS received five
allegations of wrongdoing at Palmer Leigh Small World day care since 1997. The
cases were accepted for investigation on three occasions with the most recent
incident occurring Monday after the child "stopped breathing and was bleeding
from his mouth and nose."
"Preliminary indications are that the child died of hyperthermia related to heat
and sun exposure," the report states.
In February 1997, CPS investigated after a mother of one of the children at the
day care complained that her child was spanked with a ruler on the hand. The
mother also said that she came to the day care in the middle of the day and
couldn't get anyone to the door.
"Her daughter let her in and after five to 10 minutes an adult came from the
back room saying she had been rocking a baby. The day care provider got upset
when she learned the mother stopped by unannounced," the report states.
Investigators found that the disciplinary tool was a piece of decorated
Styrofoam which caused no bruising or injuries.
"State Division of Child Development discovered lack of compliance to
staff-child ratios and immediately required compliance by discharging two
students," the report states.
In June 2002, CPS investigated after "a child fell at day care and his mouth was
severely bleeding and tongue was split." Other accusations were that the day
care provider used Texas Pete hot sauce on children's thumbs to keep them from
sucking on them, and they were force-fed fish sticks.
"The children are only given small amounts of water and are made to nap during
various times of the day. A child needs asthma medication and director said she
gave the medication but the parent later learned that it was not given," the
report states.
According to that investigation, "The director observed the child fall and
provided care for the child. The director acknowledged that she used hot sauce
but the parents were aware and no one had objected. The director states that she
gives the children as much fluid as they request and takes pitchers of water on
the playground when outside. It was determined that at times the parents had not
sent the nebulizer and/or medication. When the director had the medication, she
used the nebulizer she had access to administer medication."
The day care center also has a history of safety violations, according to
documents from the state Department of Health and Human Services.
A state official cited the facility for health and safety violations after
inspections on Feb. 2 and Feb. 27. State child care consultant Boon Trott
concluded that a "safe indoor environment was not provided for the children."
At the time of the Feb. 2 visit, Harper was running the day care alone. She was
caring for one child, who was a 3-year-old, during that visit. Trott observed a
gap of up to 4 inches between the building wall and a fence post, which was
listed as an "entrapment hazard."
Trott also reminded Harper that she "must be able to see and hear the children
and interact with them ... at all times" while they are awake.
Robert Boyer contributed to this report.
Source: http://www.thetimesnews.com/news/source_23392___article.html/child_heat.html