CHULUOTA, Fla. – The grandmother of a 2-year-old who died after falling into a home day care swimming pool is calling for changes after investigators announced no charges would be filed in the case.
On Tuesday, the Seminole County Sheriff’s Office said an investigation found there was no criminal component behind the May 9 death of Wesley Rowley.
Libby Baity said the news brought on another wave of emotions three months after her grandson’s death.
“How does my daughter and my family lose such a precious child, and nobody’s responsible for it,” Baity asked.
Rowley died after he was found unresponsive in the swimming pool of a Chuluota home.
According to Baity, the investigation was launched after the home day care owner said she took another child to the bathroom and Rowley pushed down a pool gate.
“(Deputies are) saying that they didn’t know if she was aware that the gate didn’t properly shut,” Baity said. “I feel like the system has completely failed us and there is absolutely no justice for Wesley.”
While Baity said she hopes the state attorney reconsiders the case, her family is also pushing for lawmakers to take action.
A petition was posted on change.org has gained more than 16,000 signatures and calls for minimum home day care safety requirements.
The Wesley Seth Law proposal pushes for the following changes:
- Home day cares with pools to be required to have appropriate safeguards around the pool to ensure that primarily a child cannot fall into the pool and secondarily, in the event that despite appropriate safeguards being in place a child still falls into a pool, that the day care staff members are immediately alerted.
- An AED (Automated External Defibrillator) and the proper training for all day care staff members on how to use the AED on all ages of children they care for.
- At least one additional staff member, other than the day care home operator, over the age of 18 to help with any situation that may arise.
- Liability Protection: Requiring higher day care insurance coverage limits will provide an added layer of protection for both children and day care providers, ensuring financial recourse in case of unforeseen incidents or accidents.
Baity said she’s talked with her state senator’s office about the proposal and hopes to see a discussion among lawmakers.
Baity has established a fund to help her daughter cover expenses after Wesley’s death.
For details on the Wesley Seth Law proposal, click here.
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