The St. Louis Today newspaper wrote an article recently about two month old Kaden Danuser, one of four children to die in unlicensed child care centers in Jackson County in Missouri during an eight month period. Two deaths, including Kaden’s, occurred where caregivers were watching too many children without a license and allegedly had lied to parents about having one.
Kaden’s parents had dropped him and his older brother off to the home of Stella D’Anna (Maria Stella D’Anna) and within a few hours, their baby was dead. The Lee’s Summit child care provider was ran inside the home of Stella D’Anna and Nick D’Anna (Nicola D’Anna)
located at 912 SW Georgetown Rd., Lee’s Summit, Missouri in Jackson County.
Police said D’Anna at first insisted Kaden’s older brother was the only other child in her residence. But then another young child came into view. Downstairs, police reported finding two other children. Then D’Anna’s teenage daughter refused to allow police into another room, claiming it was her bedroom.
Police said that when they persuaded her to open the door, they found five more children, ages 2 to 4.
D’Anna not only was caring for too many children, prosecutors said, she tried to conceal them during a death investigation. Authorities later alleged that D’Anna had lied to Kaden’s parents about being licensed.
In January, D’Anna pleaded guilty of making false statements regarding a license. Prosecutors then went a step further. Using a vague Missouri child protection law, they took her to civil court. Arguing her “knowing violation places children at an increased risk of neglect, possible abuse or even death,” they asked a judge to immediately require D’Anna to “cease operating a child care facility.”
The law had not been applied to an unlicensed provider in a decade.
D’Anna, through an attorney, declined to be interviewed for the story with St. Louis Today.
“My client is very sad regarding this unfortunate death of a child, but she didn’t do anything wrong and was not at fault,” said attorney Michael McCausland, who is representing D’Anna in a wrongful death suit filed by Kaden’s parents, Joey and Danny Danuser. Citing the pending lawsuit, the Danusers also declined to comment.
In Missouri, state regulators have the legal right to shut down licensed child care facilities they consider to be dangerous to children or to put caregivers on probation. But when it comes to unlicensed day cares — even illegal ones — the law is not so clear.
Lawyers familiar with D’Anna’s case say the law does not adequately define whether unlicensed providers fall under the legal definition of a child care facility.
The law gives the court the right to keep a facility closed until it is in compliance with state laws. But with illegal providers, complying can be as simple as reducing the number of children in care.
Court orders based on this subsection are prime for appeal, the lawyers said.
In December, and again in February, a Jackson County judge ordered that D’Anna cease from operating a child care facility. But the judge used the narrow state definition of child care facility, one that allowed her to continue operating with four or fewer children.
The judge also opened the door for the state to have limited authority to monitor her for compliance of the enrollment limit.
St. Louis Today contacted another one of D’Anna’s attorneys, Lance LeFevre, said the court action never legally deterred her from caring for children.
“All it said all along was follow the law, comply with the law,” he said, adding that his client told the court in August she would no longer care for children.
ARRESTS AND SUMMONSES
From the Columbia Tribune Newspaper, Columbia, Missouri
Monday, July 12, 2010
Authorities made the following arrests and issued summonses from 7 a.m. July 10 to 7 a.m. July 11.
Derrick Wayne Morton, 42, of 3911 Olympic Court, third-degree domestic assault, $1,000 bond.
Missouri Cyberstalking Laws
565.090. 1. A person commits the crime of harassment if he or she:
(1) Knowingly communicates a threat to commit any felony to another person and in so doing frightens, intimidates, or causes emotional distress to such other person; or
(2) When communicating with another person, knowingly uses coarse language offensive to one of average sensibility and thereby puts such person in reasonable apprehension of offensive physical contact or harm; or
(3) Knowingly frightens, intimidates, or causes emotional distress to another person by anonymously making a telephone call or any electronic communication; or
(4) Knowingly communicates with another person who is, or who purports to be, seventeen years of age or younger and in so doing and without good cause recklessly frightens, intimidates, or causes emotional distress to such other person; or
(5) Knowingly makes repeated unwanted communication to another person; or
(6) Without good cause engages in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person’s response to the act is one of a person of average sensibilities considering the age of such person.
2. Harassment is a class A misdemeanor unless:
(1) Committed by a person twenty-one years of age or older against a person seventeen years of age or younger; or
(2) The person has previously pleaded guilty to or been found guilty of a violation of this section, or of any offense committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which, if committed in this state, would be chargeable or indictable as a violation of any offense listed in this subsection.
In such cases, harassment shall be a class D felony.
3. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violation of federal, state, county, or municipal law.
SCS/SBs 70 & 255 – This act prohibits a person from operating an Internet website which causes another person’s computer to dial a telephone number for which a charge is assessed without the other person’s consent. A violation is a Class A misdemeanor unless the long distance charges exceed five hundred dollars, in which case the violation is a Class C felony. The act provides for venue where the victim resides or where the crime occurred. This portion of the act is similar to SB 70.
The act also adds electronic mail messages as a method by which a person may commit the crime of harassment, and prohibits the use of electronic mail to send obscene or indecent commercial messages. This provision is similar to SB 255.