“Who monitors unlicensed childcare facilities?” Attorney for school daycare confirms sexual assault happened during field trip

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MIDWEST CITY, Okla. -- An attorney for the Destiny Christian School confirmed it was one of their children who were sexually assaulted during a field trip.

Earlier this week, authorities with the Midwest City Police Department arrested 37-year-old Joshua Kabatra. He remains in Oklahoma County jail and facing multiple counts including rape after police say admitted to inappropriately touching a four-year-old girl.

"They [daycare workers] knocked on the door and it took some time for someone to answer. A white male, a 37-year-old male named Joshua Kabatra of Oklahoma City exited, raised his hands and said..."hey, I’m just washing my hands" and walked out," Midwest City chief Brandon Clabes said. "Apparently he had gone inside the bathroom where the girl was and that point, molested the child."

The Oklahoma Department of Human Services confirmed with News 4, the Destiny Christian School was not licensed by DHS Child Care Licensing. Per state law, summer programs that operate less than ten weeks a year - like the one at Destiny Christian School - are not required to do, a spokesperson said.

Carrie Williams, executive director of Rainbow Fleet Child Care Resource and Referral, said this means they are not regulated by a statewide agency like DHS.

"Who monitors unlicensed childcare facilities? I think that would really be on the parents to make sure they’re walking in and seeing with their eyes and ears, that everything is going well. There is no state agency that monitors unlicensed facilities," Williams explained. "You need to ask a lot of questions. You need to know if they’re properly supervised when they’re going on field trips. What’s their plan? Are they taking groups to the restroom? Are they letting children go to the restroom by themselves to the restroom?"

Chief Clabes said at this point, there is no indication the daycare workers are in the wrong.

"They’ve got a group of children they’re watching," Clabes said. "Who would ever suspect that somebody would ever sneak into the bathroom – a child’s bathroom in a play area and commit this type of crime?"

An attorney for Destiny Christian School released this statement to News 4 on Friday:

"On July 16, 2019, one of our children was sexually assaulted during a field trip to a local McDonalds. Our teachers and volunteers assisted in apprehending the suspect and detaining him until local authorities could arrive. The police commended our teachers on their awareness and handling of the situation in the best way possible. The police believe all of those actions prevented the suspect from doing anything further to our child or allowing the suspect from getting away. Destiny Christian School has fully cooperated with local authorities in its investigation of the incident. Furthermore, Destiny Christian School remains committed to providing any further assistance needed into the investigation of this matter. The child and her family have certainly been in our prayers and we are working with her and her family in every way possible. Destiny Christian School is dedicated to providing a safe and loving environment for our children."

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