Parents Sue Tender Care for Negligence

was told years ago that one of its teachers was being investigated for sexually assaulting a young boy, according to a lawsuit filed last week against the daycare.

Despite learning of the police investigation into Matthew Byars, the daycare kept him as an employee for three more years and did not properly supervise him, claims the lawsuit filed by parents of a 9-year-old boy allegedly fondled by the teacher.

The parents, who are not named in the lawsuit, claim Tender Care’s conduct was “outrageous and in willful or reckless disregard” of the welfare of their son. The parents are suing the daycare for negligence and vicarious liability, and also Byars for assault and battery. Their attorney, Monte Rabner, did not return phone calls requesting comment on the lawsuit.

Byars, 25, of Pittsburgh, . Police also are . He is being held at Allegheny County Jail.

According to the complaint, Byars invited the boy to see the new “Transformers” movie on June 28. When the boy seemed hesitant to go with Byars, his mother questioned “what was wrong and why he did not want to go.” He then told her he had been touched inappropriately at Byars’ home and the daycare, , according to the lawsuit.

The lawsuit claims the boy suffered from anxiety months before going to police with the allegations.

Tender Care called the charges in the lawsuit and said it is working with authorities to find out what exactly happened at the daycare center.

“We are working with the police and all parties involved to uncover the truth and to enable justice to proceed,” Tender Care said in a written statement. “Our focus is on caring for the children we serve and to work with their parents to ensure their safety. We will continue to do so as the legal process takes its course."