Parents of Dead Toddler To Sue Daycare

DCF trying to find out who was authorized to drive the daycare center van

The attorney for the parents of the toddler who died outside a Homestead daycare center will be holding a press conference Thursday to discuss the filing of a lawsuit against the facility.

Attorney Andrew Yaffa, who represents the parents of 22-month-old Dominicue Andrews, will discuss the family's lawsuit against the Jomiba Learning Center, where Andrews was pronounced dead after he was found near a van parked outside the facility Tuesday afternoon.

Department of Children and Families officials believe the boy was likely left inside the hot van, though the incident is still being investigated.

"I loved my baby to death," said Porsha Andrews, Dominicue's mother. "He was my pride and joy and he was my everything."

In the lawsuit, Yaffa claims Dominicue died "from hypothermia on account of th extreme heat within the van where he was left alone for an extended period of time."

Police said the cause of death will be determined by the Miami-Dade County Medical Examiner's Office.

"It was more than obvious that the driver had left the child in the van," the lawsuit stated.

The lawsuit did not specify an amount for damages.

According to DCF, paperwork has already been filed to shut the daycare facility down, at least temporarily. On Thursday, there were no children at Jomiba Learning Center.

One of the main questions DCF and Andrews' parents want to know is who was driving the van and were they authorized to transport children to the daycare center.

According to state records, co-owner Misael Ramos was the only driver with the necessary chaufers license and training to transport children listed in the day care center’s file.

DCF said the daycare center had three vans despite only one qualified driver.

Porsha Andrews said Ramos was not driving the van when it came to pick up her son Tuesday morning.

"We are working with Dade County to see exactly who had licenses because it looks like there is only one license for the school but there were three vans," said Jacqui Colyer, DCF's regional director. "So that makes us suspicious when you only have one driver and three vans."

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