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Mom plans to file small claims lawsuit against Delray Beach daycare

Posted: 4:10 PM, Oct 11, 2019
Updated: 2019-10-11 19:10:51-04
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DELRAY BEACH, Fla. — Trust your gut. That's the message from a mom who says her baby was fed solids without consent at a Delray Beach daycare.

She's even more concerned that it was mangoes, which can cause allergic reactions in some people.

Candice Bartozek said she quickly realized her baby had been fed solid food at Oxford Academy.

"When I got to my car to buckle her into her car seat, I noticed that she had food particles in her hair and on her onesie, which I thought was odd because she's not supposed to be eating food yet," said Bartozek.

That night, Bartozek said she got even more worried.

"When we got home, she started vomiting orange food," Bartozek said. "At that point, I knew they gave her solids. Her reaction got worse. They gave her solids, so I undressed her after I put my son to bed, and her entire body was covered in rashes."

The next day Bartozek filed a civil complaint with Delray Beach police.

"I asked the teacher why she gave my daughter mango and she said because she was crying and she wouldn't stop crying and she felt she was hungry," said Bartozek.

An inspection report states that per staff, the child was given cereal mixed with apples and mango because the baby would not stop crying or sleep.

The American Academy of Pediatrics recommends that babies shouldn't start eating solids until around 6 months of age.

"Four months old, she wasn't ready," said Bartozek.

According to the inspection, there was no contract between the facility and parents for the nutritional needs plan for the 4-month-old girl. It also said that the facility's alternate nutrition contract did not adequately define the responsibilities of the parent/operator for meeting the child's nutrition needs.

"The fact that it was done and I didn't know about it and it was a half jar of food, not a spoonful of food, made me scared. I feared the worst," Bartozek said.

Bartozek said she plans to file a small claims suit against Oxford Academy in Delray Beach seeking damages.

According to the Palm Beach County Health Department, the facility has submitted documentation to correct the violations and they now have a satisfactory re-inspection report.