License Remains Revoked for Negligent Day Care Center Where Toddler Was Injured

The Buffalo News recently published an article detailing a judge’s ruling on the license status of a negligent day care center operator.  The article is the latest in a series of reports from The Buffalo News on the case involving injured toddler, Malania Chevere.

In July 2018, Malania Chevere, who was just a few days away from her second birthday, suffered a brain injury while in the care of Mozee’s Ultimate Family Daycare. An investigation is ongoing to determine how the toddler was injured at the day care center.

Attorney William P. Moore, a Senior Partner in Lipsitz Green Scime Cambria’s Personal Injury department, represents Malania Chevere’s parents, Brittany Elliott and Greg Chevere.

Following Malania Chevere’s catastrophic injury, the New York State Office of Children and Family Services revoked the license of the day care center’s owner, Desiree “Debbie” Mozee. Recently, Ms. Mozee appealed to a state administrative law judge to have her license reinstated so she can reopen Mozee’s Ultimate Family Daycare.

As reported in The Buffalo New, Judge Linda M. Jones ruled that the New York State Office of Children and Family Services acted properly in revoking Ms. Mozee’s license. In her ruling, Jones stated that although an investigation is still ongoing to determine how Malania Chevere was injured, there are several reasons the license should remain revoked. The reasons cited in The Buffalo News included that Mozee’s Ultimate Family Daycare had only one worker caring for nine children, the one worker was approved to provide child care without supervision, the one worker had an expired certification for first aid and CPR, and owner as well as the one worker failed to call 911 promptly.

Attorney William Moore provided comment for The Buffalo News’ article on the judge’s ruling, stating “While my clients still do not have answers to what exactly happened to their daughter, they are pleased with this decision. Under no circumstances should this day care facility be allowed to operate.”

In an April 7th cover story, the Buffalo News detailed the ordeal Malania Chevere and her family have faced. Click here to read The Buffalo News’ April story, which details: Malania Chevere’s brain injury, the emergency surgery and medical procedures she has endured, comment from Malania Chevere’s parents, events from the day the injury occurred, steps taken in the ongoing investigation, legal action being taken against the day care center, and Malania Chevere’s recovery process.

If you have questions about the legal responsibilities of day care centers or if a loved one was injured while in the care of a day care center, please contact William Moore at 716-849-1333, ext 306 or via e-mail at wmoore@lglaw.com.