Day care operators sued in sex assault case
The family of a boy allegedly sexually abused at a Bern Township day care center has filed a lawsuit.
The family of a 5-yearold boy allegedly the victim of sexual abuse at a Bern Township day care center has filed a lawsuit against the owners and operators of the facility, claiming their negligence led to the abuse.
The suit is based on the case of Andrew J. McCollin, a 33-year-old from Berwick, Columbia County, who was arrested in August and charged with sexually abusing two children at Creative Beginnings
Child Care Center. The center at 2390 Bernville Road is part of the Bright Horizons group and affiliated with Penn State University.
McCollin, a former employee of the day care center, is awaiting trial on multiple counts of indecent assault, corrupting minors and endangering the welfare of a child.
McCollin, after his arrest on charges of sexually abusing a 4-year-old boy, admitted to detectives that he touched the victim on more than one occasion. The boy had told police McCollin had rubbed his back under his clothing.
After his arrest, a second victim, the 5-year-old and his family, came forward. He told detectives that McCollin had touched his genitals and buttocks more than once. That allegation resulted in more charges being filed against McCollin.
Penn State, Creative Beginnings and Bright Horizons were named in the suit filed Thursday in Philadelphia, along with Hilderbrandt Learning Centers in Dallas, Luzerne County.
Officials from Penn State University, Bright Horizons and Creative Beginnings did not respond Thursday to messages seeking comment about the suit.
The attorney for the family — identified only as Jill, John and Jack Doe in the suit — claim the operators of the day care center share responsibility for McCollin’s crimes.
“This lawsuit seeks to hold Bright Horizons and Penn State accountable for their enabling of a pedophile who repeatedly sexually abused and assaulted a 5-year-old boy who is now forever scarred,” said attorney Tom Kline, founding partner of Philadelphia-based Kline & Specter PC. “The complaint catalogs many failures by Bright Horizons and Penn State over a span of years that allowed a pedophile to remain in the high ranks of their day care center resulting in repeated assaults against a helpless child.”
The suit lists four counts: negligence, negligent supervision, negligent hiring and retention, and vicarious liability.
Among the claims in the suit are that operators of the facility negligently and carelessly failed to supervise McCollin; failed to have or enforce policies and procedures regarding inappropriate relationships between children at the facility and employees; didn’t have cameras in the facility; and let McCollin take children alone from the center’s main room to a separate room.
The suit also says the operators didn’t tell parents about previous reports of McCollin inappropriately touching children; didn’t report suspected child abuse to the proper authorities; and letting McCollin take children into a confined space, closet and locked room.
The family is requesting a jury trial and seeking unspecified damages.