Investigation: 4 children have died at day cares warned earlier they were caring for too many kids

Jason Clayworth
The Des Moines Register
Samuel Mann was found unresponsive at an unregulated in-home Ankeny day care on Sept. 5, 2018. He was later pronounced dead at a hospital. Jennifer Brungardt was warned 10 weeks before the infant's death that she was caring for more children than allowed by Iowa law. She now faces criminal charges in connection with Mann's death.

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Ankeny police had warned Jennifer Brungardt that it was illegal for her to watch more than five children at a time in her unregulated in-home day care.

But on Sept. 5, less than three months after that warning, 11 children were in her care at her split-foyer home in Ankeny, court records show. 

She was in the kitchen in the upper level and "smelled poopy." When she walked to the home’s lower level, she found 3-month-old Samuel Mann on his stomach and “knew he was gone.”

Some of the first responders described the scene as “completely chaotic.” They found the front door locked. When Brungardt opened it several moments later, she was on the phone and handed the infant to a police officer, who immediately began CPR. The entire day care smelled. Police officers changed diapers on at least two children “as they were extremely full of feces,” records say. And a Sept. 6 search warrant revealed Brungardt had called her husband two minutes before calling 911.

Jennifer Brungardt faces a felony child endangerment charge and a charge of operating a child care center without a license in connection with the death of Samuel Mann. Mann was 3 months old on Sept. 5, 2018, when he was found unresponsive in Brungardt's unregulated in-home day care.

The scene described by police is haunting, but child advocates say they are even more troubled by another factor connected to Mann’s death, which they say is all too common: State and local officials know that providers are caring for too many children  — often in unregulated facilities like Brungardt’s — yet fail to take action to stop them.

At least four times in the past 18 months, a child has died at an Iowa day care where authorities had previously warned providers they were caring for too many children but they allegedly continued to do so, a Register investigation found. Criminal charges were filed related to two of the deaths and are being considered in a third.

One of the facilities — Raisin’ Em Up Early day care in Donnellson — is still operating, even as an investigation continues into the Dec. 11 death of infant Jack Rowland. The Iowa Department of Human Services, the agency that regulates childhood care and education, also cited the day care for unrelated serious violations in June. The Register learned of Rowland's death through its investigation; DHS has released no information. 

And there may be more than the four deaths at day cares that previously received warnings they were over capacity or out of compliance with mandated staff/child ratios. DHS acknowledges that three other children have died at Iowa day cares since Jan. 1, 2018, but the agency has not released the identities of the day cares or other circumstances surrounding each child's death. Spokesman Matt Highland said the facilities remain under department review or are part of an ongoing criminal investigation. 

Parents across Iowa often undergo desperate searches for safe, affordable day care, especially in rural areas. Out-of-reach-fees and lack of available openings at licensed facilities force many families to turn to unregulated in-home care. And they sometimes have no way to learn about overcapacity violations or other safety risks their children may face, the Register's investigation found.

MORE: Found in licensed central Iowa day cares: Drugs, felons and abused children

Ratio violations, where too few adults are supervising too many children of certain ages, are a common problem at the state's 4,300 regulated child care facilities, the Register's review of inspection reports showed. They can happen temporarily with diligent providers when a staffer calls in sick. But DHS cited some day cares for repeated violations.

Parents can find inspection reports of licensed facilities published online by DHS, but complaints arising from other sources may not be reflected. DHS does not systematically track the overcapacity warnings it issues, especially involving the unknown number of unregulated providers caring for five or fewer children. 

The Register learned of the overcapacity warnings only by filing public records requests in each of Iowa's 99 counties. The records identified 109 people in 35 counties since 2014 who received warnings from the DHS that they had more than the five children allowed in their care.

Four of them received three or more overcapacity warnings since 2016, yet the Register found no evidence of criminal or civil penalties as a result of the violations: Regina Champoux of EddyvilleCarrie Krieger of BurlingtonLinda Paris of Ottumwa and Jessica Brittain of Guthrie Center. Calls to the operators were not returned.

In dozens of cases, DHS did not notify prosecutors of overcapacity violations. And when prosecutors were notified, they generally concluded there was not enough information available to pursue criminal charges, the Register found.

If criminal charges are pursued, convictions and serious penalties are rare. Fifteen people have been arrested in Iowa for violating child care licensing laws since 2014, according to information from the Iowa judicial branch. Two cases, including Brungardt's, are ongoing, but the others have been dismissed or resulted in no more than a $315 fine, records show. 

► MORE: 4 children have died at day cares warned earlier they were caring for too many kids

MORE: 15 people have been arrested in Iowa since 2014 for violating day care licensing laws

► MORE: Iowa's regulation of in-home day cares is light; caseloads of inspectors heavy

"Children have died because day care providers failed to follow simple rules," said Andy Heiting-Doane, an attorney for Samuel Mann's parents, Michael and Courtney Mann.

Child care providers are required to actively watch children, even when they are sleeping, and strict adherence to day care capacity limits is critical, he said.

"These rules should be enforced like they are the difference between life and death, because they are," Heiting-Doane said.

An earlier injury, instance of overcapacity 

In June 2018, three months before Samuel Mann's death, 18-month-old Moira Larkin suffered a leg fracture at Brungardt's day care.

Larkin spent two nights in a hospital. A doctor ultimately ruled the injury was accidental.

Her mother, Mallory Larkin, said she told DHS workers several times following the incident that she believed Brungardt was watching too many children when her daughter was injured. In fact, Ankeny police alerted DHS that they found 10 children under the age of 2½ in her care when Moira Larkin was injured, records show.

Mallory Larkin described herself as a "young and naive" first-time parent when she began using Brungardt's day care. She said she didn't realize how many children were under Brungardt's watch until her daughter was injured.

Brungardt did not have business liability insurance, and the Larkin family had to pay hundreds of dollars in out-of-pocket medical expenses, she said. (DHS recommends that child care facilities carry liability insurance, but the state does not require it.) Moira Larkin now attends a licensed day care center.

Jennifer Brungardt home and day care, 614 NE Hayes Dr. in Ankeny

Parents Matt and Amy Halls, whose daughter, Kinnick, was cared for at Brungardt's day care, say they were misled by lack of information from DHS.

Amy Halls gave a good recommendation for Brungardt when a DHS worker was investigating Moira Larkin's fractured leg.

But DHS did not inform the Halls family that at least nine other children were in Brungardt’s care at the time of the injury, Matt Halls said. The agency also did not mention that Brungardt's day care was unregulated and unlicensed, he said.

In hindsight, the couple say they realize something was amiss. Brungardt had urged them to text before picking up or dropping off Kinnick, now about 2½. Brungardt generally met them on the upper level of the home, away from the home’s day care area. It may have been a way to hide the number of children in her care, Matt Halls said.

It's unclear what — if anything — was done after Ankeny police forwarded their findings to DHS. On Nov. 1, 2018, almost two months after Mann died, DHS sent Brungardt a notice that she was caring for too many children.

What is clear is that Brungardt continued to operate the day care until Mann's death.

Brungardt, 43, now faces a felony child endangerment charge and a charge of operating a child care center without a license, which is a serious misdemeanor.

Brungardt has asked for the child endangerment charge to be dismissed, arguing Iowa law does not define the term “willfully.” Mann was never substantially out of her presence, the travel crib he was in was completely empty, he was not swaddled and there were no blankets around him at the time, she argues in court documents.

The Polk County Medical Examiner has ruled Mann's death undetermined. Brungardt contends in court documents that Mann’s death was probably caused by Sudden Infant Death Syndrome, better known as SIDS.

Brungardt’s attorney, F. Montgomery Brown, declined to comment beyond what he's said in court documents.

“Ms. Brungardt did not deprive the child of necessary provisions when she laid him down for a nap,” Brown said in a document filed June 17. “If anything, in making sure the child’s napping area was proper, she made the necessary provisions for the child’s safety.”

► MORE: Iowa's regulation of in-home day cares is light; caseloads of inspectors heavy

Death of Cohen Dankbar, four months

The first of the four deaths since January 2018 in which providers had previously been warned of overcapacity or staff/child ratio violations occurred at a registered in-home day care in Marshalltown operated by Kathryn and Kimberly Schaeffer.

In 2010 and again in 2011, the Schaeffers asked DHS for an exception that would have allowed them to watch more children, but DHS denied their requests. DHS cited the day care in 2011 for caring for too many infants.

Cohen Dankbar, an infant in the Schaeffers' care, was found on his stomach and unresponsive Feb. 14, 2018. He died later that day of "Sudden Unexpected Infant Death" in an undetermined manner, according to the Iowa Medical Examiner. A DHS investigation found the day care had too many infants in its care that day and had improperly placed a "small blanket/stuffed animal toy" in Dankbar's crib, a violation of safe sleep procedures for infants because that can increase breathing obstruction risks.

DHS revoked the Schaeffers' day care registration in April 2018. Neither of the women has been charged with a crime in connection with Dankbar's death.

Parents David and Amanda Dankbar sued Kathryn Schaeffer, and the case is set to go to trial in March. She disputes some of DHS' conclusions and contends she misspoke when she earlier told investigators there was a blanket in the crib.

Schaeffer, who still lives in Marshalltown, says she's been called "a murderer" and "a killer," is suffering depression and avoids leaving her home since Dankbar's death.

"Why would I risk my livelihood, especially when this little baby was so much a part of my life," Schaeffer said. "I loved him so much."

Death of Jack Rowland, four months

DHS warned Raisin’ Em Up Early, a licensed facility in Donnellson, that during two unannounced visits in 2017 it was out of compliance with the requirement of one staffer for every four infants. The problem was attributed to the center improperly mixing age groups of children, which created the ratio imbalance.

A DHS inspector noted that if operators had questions, they should consult with the agency and recommended the center's license be extended for two years. The agency visited the center on two unannounced visits in 2018 and did not cite any further ratio violations, records show.

Then on Dec. 11, 2018, Rowland was found unresponsive at the center and was later pronounced dead at the University of Iowa Children’s Hospital in Iowa City.

Jack Rowland was found unresponsive at a Donnellson day care in December and was later pronounced dead at the University of Iowa Children’s Hospital in Iowa City. The Iowa Division of Criminal Investigation is investigating the death. DHS has also cited the day care, Raisin' Em Up Early, for unrelated violations. DHS has sought to revoke the center's license, but it continues to operate during an appeal.

An autopsy determined Rowland’s cause of death was a brain injury caused by oxygen deprivation, a result of prolonged resuscitation efforts after the child suffered cardiorespiratory arrest. Why he went into cardiorespiratory arrest, an ailment caused by failure of the heart to effectively pump blood, was undetermined, according to the autopsy.

Rowland’s death prompted an ongoing investigation by the Iowa Division of Criminal Investigation and further review by DHS of the facility’s license. Rowland’s family shared pictures of the infant with the Register but declined to be interviewed, saying they don’t want to risk jeopardizing the investigation.

Reports released in June show center employees inadvertently gave multiple doses of medications to children on at least two occasions this year, fell asleep while providing care; and on two occasions left a child unsupervised on a bus.

Raisin' Em Up Early day care in Donnellson was caring for 4-month-old Jack Rowland when he became unresponsive Dec. 11, 2018 and later died.  The center is now the subject of a criminal investigation and has since been cited by Iowa DHS for serious child care violations.

The DHS, citing texts obtained by the Division of Criminal Investigation, concluded “the center displayed active efforts to deceive child care licensing.” In a March 2 text, for example, a staffer told a colleague that the center would be “screwed” if an inspector came because not enough workers were on hand to meet DHS' adult-to-children ratios.

“I will cast a spell to keep her away for at least another hour,” Sarah Tweedy, the center’s owner and director texted in response.

DHS in June took action to revoke the center’s license, but it remains in operation as Tweedy appeals.

“The lack of structure and protocols coupled with inexperienced staff and a disregard to rules has contributed to chaos which appears at times to have overwhelmed staff,” DHS day care inspector Jill Seibert concluded in a June 12 report. “This dynamic increases risk to children.”

Lee County Attorney Ross Braden said he was not made aware of the 2017 ratio issues at the center before he began assisting in the DCI investigation.

Reports show Tweedy agreed to close the center on April 17, giving parents two weeks to find new child care, but she changed her mind a week later and is fighting the DHS' license revocation.

Tweedy’s day care has been operating in Donnellson, a town of less than 1,000 people in far southeast Iowa, for almost 20 years.

A June 18 local television news report, which did not mention Rowland’s death, showed some parents with children at the center are rallying behind Tweedy. Calls to the parents who spoke to the television station were not returned.

DHS’ findings are inaccurate or exaggerated, Tweedy told the Register July 5. She declined to discuss specific allegations, citing her ongoing appeal and the DCI investigation.

“I work every day to make little people into good humans for the world. That’s my only mission,” Tweedy said.

Death of Tucker Schneider, 17 months

Trina Mazza was warned by DHS in 2011 and again in 2017 that the agency had received complaints she was caring for more than five children at her unregulated in-home day care in Johnston.

Trina Jae Mazza

On Feb. 15, 2019, first responders were dispatched to her home after a report of a child who was unresponsive and not breathing. Mazza was watching seven children at the time, records show.

She found the child unresponsive and “upside down” between two travel cribs.

Like Brungardt, Mazza called her husband before she called first responders, results of a search warrant show. Her husband called 911 five minutes after she called him.

Two days later, 17-month-old Tucker Schneider died of accidental “traumatic asphyxia,” or compression that restricted air or blood flow, public documents show. Mazza, who faces a charge of felony child endangerment causing death, has pleaded not guilty.

The home of Trina and Michael Mazza on Wednesday, Feb. 27, 2019 in Johnston. The couple ran an unregistered day care out of their home and police found an unresponsive child at their home on Feb. 15. The couple is also accused of taking the money from one of their mothers for months during the fall of 2018.

Parents Doug and Michelle Schneider declined to comment for this article.

Brown represents both Brungardt and Mazza.

"It's a tragic home accident,” Brown said in April of Schneider's death. “Children are supposed to be safe in play pens. There was nothing willful or intentional here. Many former parents who had children in her care have written glowing letters on Trina's behalf." 

Polk County Attorney John Sarcone has said his office could not have acted on the DHS warnings issued to Mazza in 2011 and 2017 because there was not enough follow-up from the agency or an investigation from law enforcement. Neither of the letters asked Sarcone to act, and the office doesn’t have staff to conduct child care investigations, he said.

Take a closer look at serious central Iowa violations found in day care inspections database

Frustrations, nuances color child care investigations

In some instances, frustrated county prosecutors who were made aware of child care violations took steps to intervene, documents obtained by the Register show.

“You CANNOT operate a day care whether licensed or unlicensed,” Humboldt County Attorney Jonathan Beaty wrote Jan. 11 to Crystal Patterson, a provider whose license was revoked last year for having unauthorized workers with children. Patterson sometimes used the name Crystal Dorman.

Beaty had warned her earlier, in October, two months after the revocation, when she was believed to be caring for seven children. Then, in January, he sent police to her home to wait for parents to pick up children, and they found at least six children, one over the legal limit.

Patterson could not be reached for comment.

“We absolutely considered filing charges against Ms. Patterson. If she is caught again, then charges will be filed.” Beaty said. “…. However, I felt that the embarrassment to Ms. Patterson, and the angry parents meant that she was done in Humboldt providing day care.”

Prosecutions involving deaths and injuries of children in day care often involve nuanced judgments influenced by medical assessments, parents' observations and the sometimes fine line between an accident or preventable harm.

Heather McKasson faces child endangerment and willful injury charges related to an October 2017 incident in which prosecutors allege she intentionally assaulted Jaycee Tucker, a 1-year-old who suffered brain injuries. Another child, Grey Manning was in 2015 found unresponsive and later died at McKasson’s in-home day care in Indianola. (Manning’s death was determined to be from Sudden Infant Death Syndrome and Iowa DHS ruled there was no indication McKasson failed to meet safe sleep practices in his death.)

Belinda Manning's infant son, Grey, was found unresponsive at a registered in-home day care in Indianola in 2015 and was later pronounced dead. Gray's death was attributed to Sudden Infant Death Syndrome, and DHS determined there was no indication that day care operator Heather McKasson failed to meet the agency's guidelines for safe sleep practices, records show. 

Belinda Manning stands behind McKasson, even as McKasson faces child endangerment and willful injury charges related to an October 2017 incident in which prosecutors allege she intentionally assaulted Jaycee Tucker, a 1-year-old who suffered brain injuries.

Manning cited cases involving other accused providers when a child's brain injuries were later determined to have resulted from an earlier incident. She noted that McKasson was charged last year, around the time Iowans were focused on high-profile child starvation deaths.

Manning believes facts can be contorted in the highly charged atmosphere of investigating a child's death.

"It seems to me there was pressure to take action, and I don't think they (DHS or prosecutors) did their due diligence before they charged her," Manning said. "I think she's 100 percent innocent."

Part 2: Found in licensed central Iowa day cares: Drugs, felons and abused children

Part 3: Iowa's regulation of in-home day cares is light; caseloads of inspectors heavy

► HOW THE REGISTER REPORTED THIS STORY

Overcapacity complaints

Iowa DHS does not systematically track or publish the overcapacity notices it sends to day care providers. The Des Moines Register obtained copies of overcapacity notices issued to more than 100 people since 2014 and compiled them in an online database.

Jason Clayworth, staff mug, staff photo, Jan. 2019

About the author

JASON CLAYWORTH is an investigative reporter at the Des Moines Register whose focus includes government operations. He is an Iowa native and a graduate of Drake University's journalism school. 

Do you have an experience with Iowa child care that you want the public to know about?  Contact Clayworth at jclayworth@dmreg.com or call 515-699-7058.