Parents Sue Passaic County Daycare After Death Of Toddler

PASSAIC COUNTY, NJ — The parents of a Passaic County toddler who died while at a daycare have filed a wrongful death lawsuit against the local business, claiming negligence and carelessness led to their child's death.

The parents of Vanessa Camila Gomez, Isabel Negrete Garcia, and Alfonso Gomez Candia, say that Vanessa was in the care and custody of Step by Step Daycare LLC when she died on June 7, 2022.

The lawsuit, which was filed on Jan. 11 in the Passaic County Superior Court, alleges that the facility was understaffed, causing the toddler to go unsupervised for more than three hours.

According to court documents, Isabel and Alfonso left their daughter at Step by Step Daycare on Clifton Avenue in Clifton shortly after 7 a.m. on June 7. Immediately following lunch at 11:52 a.m., and without any breaks in between, daycare staff put the toddler down for a nap on the floor of the facility.

Members of the staff then left Vanessa to lie on the floor for three hours and 12 minutes, from 11:52 a.m. until 3:04 p.m., without appropriate supervision, the suit states.

According to the lawsuit, Step by Step Daycare has a policy for children and students to “rest on school mats for a 2-hour nap,” during which time the facility promises that “children will not be left unattended; someone will always be monitoring during the whole nap time. Pillows are prohibited and blankets are placed below the waist, not over the head."

"During the period of 3 hours and 12 minutes from 11:52 a.m. until 3:04 p.m. Defendants carelessly, negligently, and/or recklessly failed to supervise the Plaintiffs’ Decedent, and/or otherwise violated their own protocol and the State of New Jersey’s requirements as set forth in various provisions of the New Jersey Administrative Code," the lawsuit said.

At 3:04 p.m., Vanessa was found unresponsive and was later pronounced dead after being taken to a local hospital.

The lawsuit states Vanessa "suffered serious personal injuries" and died "after an appreciable period of conscious pain and suffering."

No official cause of death was listed in the court documents.

The lawsuit claims that Step by Step Daycare LLC did not properly train employees to care for infants and toddlers, did not comply with state regulations for child supervision and monitoring, and did not promptly identify emergencies.

In 2022, the Passaic County Prosecutor’s Office stated that they were investigating the toddler's death, however, the Passaic County Prosecutor’s Office did not immediately respond to Patch's request for comment.