Island Lake day care sued over toddler’s death

The parents of a toddler who was found unresponsive at an Island Lake day care and later died have sued the center’s operators.

The civil lawsuit was filed in McHenry County court against Lots of Tots Child Care Inc. and its president and director, Christine Crutchfield. It claims negligence in the death of Calum Dudakiw-Warrick, who was 23 months old and was described in an online obituary as “a loving, funny, and spirited young boy.”

On April 25, Calum was found “unresponsive with his neck resting on the edge of a plastic toy storage bin that was pulled out of a shelf by the employees and/or agents of Defendants,” according to the lawsuit. The boy died four days later at Lurie Children’s Hospital in Chicago. No one has been charged criminally in his death.

The lawsuit states the “defendants by and through their agents and/or employees had the duty to exercise ordinary care” for the child and to protect him “from any choking and asphyxiation hazards that may be present.”

The lawsuit further asserts that Crutchfield or her employees may not have “reasonably” trained and supervised staff on “the required care and treatment of infant children,” or that they did not “continuously remain” on the premises of the day care to ensure “proper childcare” or “conduct adequate visual checks on the children” including Calum.

The Cook County Medical Examiner’s Office has ruled the child’s cause and manner of death as undetermined, and said Tuesday the case is closed.

Island Lake Police Chief Jennifer Paulus said after an investigation and a meeting with the McHenry County State’s Attorney’s office that no criminal charges have been filed.

Authorities “determined at this point there were no elements of any criminal activity at this time,” Paulus said, adding, “we have not closed our investigation at this point.”

Paulus said there is no history of any complaints at the child care facility.

McHenry County State’s Attorney Patrick Kenneally said that “in order to establish a criminal charge related to his death, we would have to connect his death to a criminal act. We do not know what caused the death; it is impossible to bring criminal charges in this case.”

“Childcare has always been a passion of mine and I think of all my staff members ... We love what we do.”

—  Christine Crutchfield, president and director of Lots of Tots Child Care Inc.

When day care staff members found the boy lying on a toy bin, they began administering CPR and called 911, Island Lake police said at the time of the incident.

When officers arrived, they took over resuscitation efforts until Wauconda Fire Department personnel arrived and took the child to Northwestern Medicine McHenry Hospital. The child was later transferred to Lurie Children’s Hospital. He died four days later, according to news reports and an online obituary.

The death also was investigated by the Illinois Department of Children and Family Services, which has closed its case.

Heather Tarczan, director of communications for DCFS, said the child welfare agency’s investigation indicated there was credible evidence of abuse or neglect in the case but that, in an unusual circumstance, investigators were not able to identify any one person or persons to whom to attach responsibility in Calum’s death.

The DCFS investigation “is closed. However, if new evidence arises, we can reopen or begin a new investigation with a named individual,” Tarczan said.

Reached by phone Tuesday, Crutchfield said she has owned the daycare since 2001. The center, which is still in operation, is licensed to care for up to 54 children, ages six weeks through 12 years.

And though she said she is unable to express much at this time about the child’s death or the lawsuit, she said, “Childcare has always been a passion of mine and I think of all my staff members ... We love what we do.”

Calum’s parents, Felicia Walters and John Paul Dudakiw-Warrick, are represented by prominent Chicago firm, Clifford Law Offices. The family is seeking in excess of $50,000 in damages.

Clifford Law attorney James Pullos released a statement saying: “Given the sensitive nature of this matter, and out of respect for the family’s privacy, we have no comment at this time.” Walters also declined comment.

According to a GoFundMe established for the family, which has surpassed its goal of $30,000, Calum’s parents “spent several days praying and hoping for a miracle and holding on to any hope they possibly could, holding their son every chance they got. This family made the most difficult decision imaginable and selflessly donated Calum’s organs to save another child’s life.”

Calum’s obituary says he loved animals and the color blue and brought “joy and laughter to everyone who had the privilege of knowing him.”