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State: Employee in Florida day care van death lacked OK to drive

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FLORIDA – The employee behind the wheel of a van where a child was found dead at a Florida day care center was not authorized by the facility to transport children, a state agency said on Thursday.

Myles Hill, 3, was found dead on the floor of the van at Little Miracles Academy in Orlando, Florida, on Monday.

The employee who was driving the van was not an approved driver, according to David Frady, spokesman with Florida Department of Children and Families (DCF).

The employee, who has not been named publicly, used the van to transport a group of children, including Myles, from one location to the other.

The employee brought the van back to a parking lot at the original location around 9 a.m. and left it there for the rest of the day. It was unclear whether the employee locked the van after using it.

Police said Myles was left outside in the hot van, when the high temperature in Orlando was around 93 F, according to Weather Underground.

The employee was fired after the incident, Little Miracles Academy owner Audrey Thornton said during a press conference on Wednesday. The employee is expected to face charges in Myles’ death.

DCF officials shut down both locations of Little Miracles Academy on Wednesday, DCF Secretary Mike Carroll said in a statement to CNN.

Little Miracles Academy “was previously cited for not keeping proper paperwork,” Carroll said.

“Based on the tragic circumstances of this case, both facilities have now been shut down. We will continue to aggressively act to keep kids safe and will hold anyone accountable who doesn’t follow the law.”

The department delivered an emergency suspension order to Thornton. It said no children will be allowed at the facility until DCF “determines it is safe for them to return,” communications director Jessica Sims said in a statement.

Carroll said the department is conducting its own “thorough investigation,”and assisting in a criminal investigation.

The facility was closed just hours after Thornton spoke publicly for the first time on Wednesday, tearfully pleading with the child’s family for forgiveness.

Wearing dark sunglasses and sobbing loudly, Thornton directed her pleas toward members of Myles’ family.

“I’m so sorry, I’m sorry for your loss and I don’t want y’all to be upset at me. I loved Myles, I took care of Myles since he was a baby.”

“You know I loved all of my kids at both locations. I took care of all of my kids, I did what I could do to provide for them and teach them everyday,” she added during a press conference.

Robert Nesmith, Thornton’s lawyer, told reporters earlier Wednesday that if DCF moved to shut down the facilities, they would respond as necessary.

Sheri Blanton with the Orange County Medical Examiner’s office said that they are not permitted to release any information due to an active criminal investigation.

A spokesperson with the Orlando Police Department said that police did not expect to file any charges or make any arrests on Wednesday, but did not comment on future charges.

Orlando day care has record of violations

An autopsy is being conducted to determine Myles’ cause of death, but Orlando Police Chief John Mina told reporters on Tuesday that it appears to be heat-related.

If so, Myles would be the 32nd child this year to die in a hot car in the United States — and the fifth in Florida, Mina said. An average of 37 children die each year in hot cars, according to safety organization Kids and Cars.

The employee who drove the van that Myles was found in allegedly told police they did not do a headcount of the children when they were dropped off at the second location, and staff did not realize Myles was still in the van. A family member told CNN affiliate News 13 that they called the facility on Monday to ask about uniforms, and Myles’ attendance never came up.

A review of the facility’s recent inspection reports found that Little Miracles Academy was given five licensing violations by DCF for failing to comply with standards over the past two years — standards including personnel records, supervision and transportation.

In June 2015, the DCF found that staff had failed to include a signed Child Abuse and Neglect Reporting Requirements form in its personnel records. According to the department, all child care personnel are required by law to report any “suspicions of child abuse, neglect or abandonment.”

In March 2017, the department found that staff were not “within sight and hearing” of the children during nap time, staff members failed to keep a current record of attendance on hand during a fire drill and staff failed to store medications “out of a child’s reach.” In July, the department said the facility’s transportation log failed to include multiple required elements, including destination and arrival times and locations.

Sims said the DCF provided on-site counseling “regarding the correct way to document transportation” after the facility was cited for transportation documentation.

Little Miracles Academy then “acknowledged the proper procedure would be followed.” The department would have reviewed the issue again at the next licensing inspection, Sims said.

Nesmith said Thornton could not answer whether any changes were made at the facility after the violations were flagged.