Hours after it was learned that the family of Dominicue Andrews would be suing the Homestead daycare center where he died, friends and family members gathered for a tearful vigil for the young boy.
Nearly 100 people flocked to Jomiba Learning Center Thursday night to sing, cry and remember the 22-month-old boy known as "Paw-Paw" who died there earlier in the week.
"I loved my baby to death, he was my pride and joy, he was my everything," mother Porsha Andrews said.
Andrews was found dead Tuesday afternoon near one of the daycare center's vans. Department of Children and Families officials say the boy likely died after he was left inside the hot van, but police are still investigating the death.
The lawsuit alleges the learning center violated its responsibilities and claims that the child died from hypothermia as a result of the extreme heat.
"This child did not need to die, and as they sit here clutching his blanket, his favorite pillow, not knowing what happened to this child," attorney Andrew Yaffa said.
NBC Miami searched DCF records and discovered only one driver, Misael Ramos, has the necessary chauffeurs license and training to transport children listed in the daycare center's file. But DCF says Jomiba has three vans.
"We are working with Dade county to see exactly to see who had licenses because it looks like there is only one hack license for the school but there were three vans," said DCF's Director for South Florida Jacqui Colyer. "So that makes us a little bit suspect when you only have one driver that is a licensed driver and three vans."
The registered driver, Ramos, also applied to open the facility and the toddler's parents said they believed him to be the manager. They say he wasn't driving the last time they saw their son.
Attempts to reach Ramos by NBC Miami Thursday were unsuccessful, but he later released a statement saying he was voluntarily closing the facility until the investigation is complete.
The center didn't have any children present Thursday, and the state is acting to officially keep it closed for now.
"The department has already begun the process of moving forward with the suspension of their licenses," Colyer said. "We have filled out the paperwork and we are probably going to ask the secretary to give us his signature by the end of the week."
Last year, a Palm Beach county woman was charged with aggravated manslaughter after police said 2-year-old Haile Brockington was left unattended and died in the back of a van at a daycare center in Delray Beach.
DCF's top man says it's time to evaluate if DCF should also regulate the transportation of kids, something currently not under its control.
"Should there be more rigid policies about the role of transporting kids? It's a complicated issue because it's a cost issue when you talk about putting additional controls in or potentially monitoring devices, or alarm type of systems, into those cars when we have all the other budget challenges," DCF Secretary David Wilkins said. "But it's a debate it's time to have."
