Daycare Employee Admits to Hitting Children in Deposition

Lawyer reveals deposition to NBC Miami

The woman lawyers and alleged victims refer to as "Miss Emma" admitted to hitting children at the J. Ruiz Learning Center and acknowledged the surveillance video showing her striking a child on the head and aggressively moving another child from her chair  was indeed her.

In a deposition last week, Marc Pacin, the attorney suing the center on behalf of two mothers, asked "Miss Emma" if she has ever struck a child and she answered, "yes."  She is also seen in the video standing by as a scuffle amongst the young children breaks out.  Trina Jackson's 5-year-old daughter had a braid ripped out of her scalp during the fight and "Miss Emma" doesn't react.  When asked why she didn't try to break up the fight, "Miss Emma" responded, "They were just playing. They were just playing."

Now Jackson has filed a civil lawsuit along with another mother alleging child neglect and abuse.

The owner of the learning center, Jose Ruiz, was also deposed for several hours.  After listening to "Miss Emma's" deposition, Pacin asked Ruiz, "Is this grounds for dismissal?"

Ruiz defended "Miss Emma" and responded, "She was under a lot of pressure.  She was questioned for hours. I didn't see enough of the clip. I have to see more before I make a determination."

Ruiz spoke with NBC Miami over the phone and vehemently denied that any abuse has ever taken place at his facility. He says "Miss Emma" remains employed at J. Ruiz Learning Center, which remains open.  The Department of Children and Family fined the child care center and closed its investigation.  No criminal charges are pending.

The center is located at 4111 Northwest 22nd Avenue in Miami-Dade

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