Daycare Safety Measures in Question as Parents Push for Answers in Baby's Death

Although the States Attorney’s office isn’t commenting on the Homestead daycare death case of 9-month-old Tayvon Tomlin, NBC 6 has learned the office is reviewing the case.

Tomlin was found unresponsive at Lincoln Marti Child Care in Homestead in July.

On Monday, the boy’s parents and their attorneys held a news conference, releasing surveillance video that shows staff members trying to revive Tomlin. But attorney Stephen Cain called the CPR efforts inadequate.

“[She] appears to be giving rescue breaths in her arms with no compressions being done. This is minutes in and they’re rubbing his back,” Cain said. “That’s not effective and comprehensive CPR.”

Florida’s Department of Children and Families lays out strict standards for childcare centers in its most updated handbook.

After 40 hours of introductory training, staff members must complete 10 additional hours of health and safety training, annually. That includes pediatric CPR.

In fact, a minimum of three pediatric CPR-certified personnel is required to be on site.

When it comes to supervision, one adult is required per four infants. According to the lawsuit filed against the daycare, Lincoln Marti had double the number of kids for one adult on the day Tayvon died.

During nap time, the state requires personnel to be within sight and hearing of all children.

And if a health or safety incident occurs, DCF requires it to be documented on the same day. That incident report must be handed over to legal guardians.

Tayvon’s parents claim they still haven’t received this report.

An attorney for Lincoln Marti told NBC 6, “It is my position, and that of my client, that it is not appropriate to discuss matters that are currently in litigation and most importantly that are still under investigation. My clients and I are sympathetic to the tragic loss experienced by this family.”

Tayvon’s cause of death hasn’t been determined, and charges haven’t been filed.