Scroll Top
19th Ave New York, NY 95822, USA

Daycare worker admitted to breaking the leg of a toddler boy after she ‘lost her temper’, the boy’s parents are now suing the child care staffer and daycare

The 32-year-old daycare worker reportedly admitted to breaking the leg of a boy after she lost her temper. Now, the child’s parents now seek civil damages against her and the daycare. Authorities said the surveillance video captured the moment when the caretaker picked up the boy and slam him to the ground, grappling him until his leg snaps. The boy’s parents are now suing the child care staffer and daycare.

According to reports, this incident reportedly occurred in May 2021 at the Creme de la Creme daycare. 

The 32-year-old woman, Elicia Miller, was charged with child abuse. But, according to the court documents, Miller will not serve any jail time. The daycare worker reportedly received only probation, 50 hours of community service and being mandated to attend an anger management class. 

Authorities said the surveillance video captured the moment when the caretaker picked up the unidentified child and slam him to the ground, grappling him until his leg snaps. The boy’s parents, are now suing the child care staffer and daycare for negligence and abuse.

According to KLAS, Adam Ellis, the parents’ attorney, reportedly said:

“If the investigation were different and cameras were reviewed and there were statements taken and taken more seriously and objectively, I think everyone would have realized this was a far more serious situation than they thought it was.”

Ellis also said that the daycare delayed getting the child the immediate medical care he needed. No paramedics were called. The boy’s parents reportedly received a call to come pick up their son.

The boy’s parents were questioned by medical personnel and the child protective services was called. The boy’s parents reached out to the daycare demanding to see video.

The boy’s father reportedly said:I couldn’t believe what I was seeing. The fact that she aggressively threw him and he he was just standing there.  He wasn’t doing anything. They know what pain looks like and sounds like, and he … he was in pain. I’ve never heard him cry like that.”

The boy’s parents also said their son has struggled since the encounter with a surgery, having to relearn how to walk, PTSD and behavioral changes. 

The child’s parents also said their son struggled with speaking after the incident.

According to reports, the footage reportedly shows a seemingly agitated Miller violently picking the child off the floor of the daycare and carrying him across the room, his limp body dangling side to side as she holds him by his armpits.

The 32-year-old daycare worker then slams the child to the floor behind a piece of furniture, obscuring the camera’s view of the altercation, where she appears to grapple with the struggling child. 

The daycare said the 32-year-old teacher was immediately fired. This incident remains under investigation. This is a developing story and it will be updated as new information become available.