Island Lake day care center sued over toddler's death
Shaw Local News Network
The parents of a toddler who was found unresponsive at an Island Lake day care earlier this year and later died are suing the center's operators.
The lawsuit filed in McHenry County court claims negligence in the death of 23-month-old Calum Dudakiw-Warrick. The suit lists Lots of Tots Child Care Inc. and its president and director, Christine Crutchfield, as defendants.
Calum was found unresponsive on April 25 "with his neck resting on the edge of a plastic toy storage bin that was pulled out of a shelf by the employees and/or agents of defendants," according to the lawsuit. He died four days later at Lurie Children's Hospital in Chicago.
The lawsuit states that the defendants had a duty to care for the child and protect him "from any choking and asphyxiation hazards that may be present."
The suit also alleges that Crutchfield or her employees may not have reasonably trained and supervised staff on the required care and treatment of children, or that they did not continuously remain on the premises of the day care to ensure proper child care or conduct adequate visual checks on the children, including Calum.
The Cook County medical examiner's office ruled Calum's cause and manner of death as undetermined, and said Tuesday the case is closed.
Island Lake Police Chief Jennifer Paulus said that after an investigation and a meeting with the McHenry County State's Attorney's office, no criminal charges were filed.
"At this point there were no elements of any criminal activity at this time," Paulus said, adding, "we have not closed our investigation at this point."
Paulus said there is no history of complaints at the child care facility.
McHenry County State's Attorney Patrick Kenneally said that in order to establish a criminal charge related to Calum's death, prosecutors would have to connect his death to a criminal act.
"We do not know what caused the death; it is impossible to bring criminal charges in this case," he said.
According to police, day care staff members began administering CPR and called 911 when they found the boy lying unresponsive on a toy bin. When officers arrived, they took over resuscitation efforts until Wauconda Fire Department personnel arrived and took the child to Northwestern Medicine McHenry Hospital, police said.
Calum later was transferred to Lurie Children's Hospital, where he died four days later.
The death also was investigated by the Illinois Department of Children and Family Services, which has closed its case.
Heather Tarczan, director of communications for DCFS, said the agency's investigation indicated there was credible evidence of abuse or neglect in the case, but investigators were not able to identify any one person or persons to attach responsibility.
"However, if new evidence arises, we can reopen or begin a new investigation with a named individual," Tarczan said.
Crutchfield said Tuesday she has owned the day care since 2001. The center, which is still operating, is licensed to care for up to 54 children, ages six weeks through 12 years.
"Childcare has always been a passion of mine and I think of all my staff members ... We love what we do," she said.
Calum's parents, Felicia Walters and John Paul Dudakiw-Warrick, are represented by the Chicago-based Clifford Law Offices. The family is seeking in excess of $50,000 in damages.
"Given the sensitive nature of this matter, and out of respect for the family's privacy, we have no comment at this time," attorney James Pullos said in a statement. Walters also declined to comment.
According to a GoFundMe online fundraiser established for the family, Calum's parents "spent several days praying and hoping for a miracle and holding on to any hope they possibly could, holding their son every chance they got. This family made the most difficult decision imaginable and selflessly donated Calum's organs to save another child's life."
Calum's obituary says he loved animals and the color blue and brought "joy and laughter to everyone who had the privilege of knowing him."