News Articles
The following article is forwarded to you by the Great Lakes ADA Center (www.adagreatlakes.org) for your information:
Jackson Citizen Patriot
October 31, 2011
Day-care center raises fees for 3-year-old child with Down syndrome after she's found in middle of road, lawsuit says
By Bob Wheaton
Parents, not day-care center, wanted additional care for child that is now being disputed in lawsuit, co-owner says Day-care center didn't properly supervise child, 3, who was found in road, advocacy group says, and then made parents pay price.
After a 3-year-old child with Down syndrome walked away from Little Rainbows of Leslie in March, the day-care center decided to charge her parents an additional $10.68 an hour so it could provide one-on-one staffing for the child, according to a lawsuit.
The lawsuit, filed last week by Tracy and Julie Powers of Stockbridge, says the day-care center's response to the incident discriminates against the family and violates the federal Americans with Disabilities Act.
The day-care center imposed one-on-one staffing even though the parents didn't believe it was necessary, the lawsuit says. The child no longer attends Little Rainbows.
Allison Trapp, owner/director of Little Rainbows, 2443 Olds Road, released a written statement in response to the lawsuit.
"The decision in question was made with the advice and guidance of several outside organizations and individuals with knowledge in this particular area," says the statement, which Trapp emailed to the Citizen Patriot today. "Little Rainbows, LLC currently has special needs children in its care and has never discriminated against anyone."
Michigan Protection & Advocacy Service of Lansing is representing the parents.
A motorist found the girl walking in the middle of Olds Road near the day-care center on March 18, according to the lawsuit and a report from the Michigan Department of Human Services Bureau of Children and Adult Licensing. The state agency ruled that Little Rainbows committed a violation by not providing adequate care and supervision, leading to the girl wandering away.
The lawsuit says staff at the center did not know the girl was gone, but the state investigative report says staff members said they had discovered she was missing and then saw her walking toward the center with the motorist who found her. Children were outside on the playground when the girl turned up missing, according to the state report, which estimates the girl was found about 190 feet from the playground.
The center's property is next to U.S. 127, the state report notes.
The lawsuit is pending in U.S. District Court in Detroit. The Powerses are seeking a court order that their daughter be allowed to return to Little Rainbows without the additional charge. They also are seeking monetary damages of an unspecified amount and reimbursement for their attorney and legal fees.
Source: www.mlive.com/news/jackson/index.ssf/2011/10/day-care_center_raises_fees_fo.html