CANADA • Duy-An Nguyen, 14 months old ~ Mississauga ON

Infant On Life Support, Daycare Owner Charged
January 06, 2011

The 35-year-old owner of a Mississauga daycare appeared in court on Thursday, accused of almost killing an infant by shaking.

The alleged incident happened on Wednesday when April Luckese, who operates out of her townhouse near the QEW and Cawthra Road, was caring for the 14-month-old girl.

Peel police got a 911 call around 4:30pm and responding crews transported the victim to a local hospital, where she was assessed in critical condition. She was then transferred to Sick Kids Hospital and underwent surgery. The child is now on life support and it's not likely she will survive.

The distraught family told CityNews they found April’s Daycare online and it was only the toddler’s second day there.

A listing on godaycare.com says Luckese is the mother of two boys offering child care in a “safe, loving and nurturing home environment.” In it, she also claims to have more than 15 years’ experience working with kids. Her daycare has been shut down temporarily.

Neighbours were shocked and chose to give the accused the benefit of the doubt.

“I don’t believe something happened deliberately – some accident, okay," said Marek Wezik. "They are very nice."

“I don’t know what happened. I have no idea," said Lucyna Wezik. "But I’m pretty sure she didn’t do anything wrong. Hopefully she will not experience any accusations.”

Luckese was charged with aggravated assault and released on bail. The Special Victims’ Unit is investigating.

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Daycare Owner Charged With Second-Degree Murder
January 07, 2011

Police have upgraded the charges against a Mississauga woman to second-degree murder after a 14-month-old baby died after being in her care.

Du-Yan Nguyen had been rushed to Sick Kids Hospital after she was allegedly shaken at April Luckese’s home daycare on Wednesday night. The infant was placed on life support after undergoing surgery.

Originally, Luckese, 35, had been arrested and charged with aggravated assault, and released on bail. But after Du-Yan died on Friday, officers arrested Luckese again and charged her with murder.

The distraught Nguyen family told CityNews they found April’s Daycare online and it was only the toddler’s second day there.

A listing on godaycare.com says Luckese is the mother of two boys offering child care in a “safe, loving and nurturing home environment.” In it, she also claims to have more than 15 years’ experience working with kids. Her daycare, located on Asta Drive, near Cawthra Road and the QEW, has been shut down temporarily.

Luckese’s distant cousin confirmed she has years of experience and also worked as a nanny.

“I never found any issues at all with her child care,” said Janice Luckese. “There’s going to be a lot of surprised people because this is not something that you expect.”

A bail hearing is scheduled for Saturday in Brampton.

Anyone with information should call police at (905) 453-2121, ext. 3205 or Crime Stoppers anonymously at 1-800-222-TIPS (8477), or visit www.peelcrimestoppers.ca.

http://www.citytv.com/toronto/citynews/news/local/article/106695--daycare-owner-charged-with-second-degree-murder

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Accused in infant death appears in court
January 08, 2011

April Luckese appeared briefly in Brampton court Saturday morning, dressed in a blue winter jacket. The heavy-set woman with close-cropped, light brown hair said her name softly for the court and had her matter remanded to Tuesday, Jan. 11.

Her lawyer, Bruce Daley, requested a publication ban on the proceedings.

Luckese's husband, Robert, sat in the back row of the courtroom, dressed in a black winter jacket and tan pants. He held his hand to his mouth, occasionally biting his knuckle.

As Luckese exited the courtroom, she made eye contact with her husband and he gave her a slight nod in return.

Outside the courthouse, Luckese's lawyer told reporters that his client “is not doing very well.”

“Two families have been devastated here,” Daley said. “The parameters of that are clearly unknown at the moment.”

“This will have to develop in court and the first thing is to try to secure my client's release,” he continued. “And then we take it from there.”

Daley said he is concerned for Luckese's safety and requested for her to be placed in segregation while under custody.

“I want the lady to be protected,” Daley said. “At the moment, she's presumed to be innocent and she ought not be put in any physical jeopardy whatsoever.”

“When a person is in custody, quite often on a charge like this other inmates are not particularly kind,” he said. “So I wanted to be as protective as the system would allow.”

Read more: http://www.thestar.com/news/article/918565--accused-in-infant-death-appears-in-court?bn=1

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Tearful gathering for family of baby who died at daycare




An undated handout photo of 14-month-old baby Duy-An Nguyen, with family. Daycare operator April Luckese is charged with second-degree murder in the death of the baby.

Kneeling in front of the tiny white casket, Duy-An Nguyen’s mother laid her head down and sobbed.

The little girl’s father held his wife, whispered to her, and smoothed back her hair. The young couple lost their only child four days ago.

“My sister is dying inside as we speak,” said Johnson Nguyen, Duy-An’s uncle, his own eyes welling with tears outside a Brampton funeral home where family gathered Monday night for a visitation.

Family members wept amid the pews as their own wilful toddlers explored the room. Wreaths of pink and scarlet roses dwarfed the little girl’s casket.

Duy-An, 14 months old, was taken off life support at Sick Kids Hospital last Friday after suffering what family has described as “severe head trauma.” The owner of the unlicensed daycare she had attended for only two days, April Luckese, has been charged with second-degree murder.

Luckese, 35, was originally charged with aggravated assault endangering a life and released on $15,000 bail last Wednesday after Duy-An was rushed to hospital from Luckese’s Mississauga home and daycare facility. Luckese was rearrested with the new charges after the girl died.

Trevor Doyle, the father of a two-year-old son in Luckese’s care, said that on Wednesday he arrived at the Asta Rd. duplex around 4:30 p.m. and discovered Luckese weeping with Duy-An unresponsive in her arms. Doyle said she told him the baby would not wake up. He ordered bystanders to call 911.

On Saturday, Luckese appeared in a Brampton court for a bail hearing. A publication ban has been placed on the court proceedings.

Her husband Robert sat in the court. The couple has two boys of their own, according to a website for April’s Daycare, Luckese’s company, which has since been taken down.

“Safe, loving and nurturing home environment, over 15 years experience working with kids,” the website also advertised, adding Luckese is CPR and first-aid certified.

Outside the courthouse, Luckese’s lawyer, Bruce Daley, said he had requested for his client to be placed in segregation while under custody because he feared for her safety.

The executive director of Kiddie Kare Inc., an agency that trains and monitors licensed daycares, said Luckese’s business, April’s Daycare, was dropped in 2007 after exceeding the number of infants allowed. Luckese continued to run the daycare privately.

The government gives licences to agencies, not individuals. When individuals work under those agencies, they’re considered licensed and must abide by the province’s Day Nurseries Act.

If a daycare is operating privately, without a licence, operators may provide care for up to five children under the age of 10, not including their own.

Education Minister Leona Dombrowsky previously told the Star that private daycares don’t offer inferior services.

“I am aware of people who provide services for families who are not licensed and the families have reported to me that they’re very satisfied with the care,” she said.

Dombrowsky said that with private operations, the responsibility of monitoring the services falls to families.

“It’s very important for parents to pay some attention to the service that they engaged for providing care for their children,” she said.

That’s not good enough for some. “We don’t let people run restaurants without licences, “ said Marnie Flaherty, president of the Home Childcare Association of Ontario. “Why are we letting private homes with children in there run a business without regulations?”

http://www.thestar.com/news/crime/article/919464--tearful-gathering-for-family-of-baby-who-died-at-daycare?bn=1#article
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Accused child killer remains in custody
January 11, 2011



As a grieving family prepares to say goodbye to toddler Duy-An Nguyen at her funeral on Wednesday, her accused killer remains in protective custody in jail facing an unknown future.

April Luckese, 35, of Mississauga made a brief court appearance on Tuesday in a Brampton courtroom and was remanded until Jan. 21.

The mother of two young boys is accused of killing the 14-month-old girl, who was under her supervision in her home daycare on Jan. 5.

She was charged last Friday with second-degree murder — an offence that carries a mandatory life prison sentence if convicted.

Luckese will remain in custody, at least until a special bail hearing is held where her lawyer would have to show reasons why she should be released under house arrest.

A funeral for Duy-An Nguyen will be held on Wednesday at 11 a.m. at San Salvador Do Mundo Church on Melton Dr. in Mississauga.

The Mississauga tragedy began just after 4 p.m. last Wednesday when police received a 911 call from a home on Asta Dr.

Paramedics rushed Duy-An Nguyen to a local hospital. The child was later transported to Sick Kids where, two days later, she was taken off life support.

Police have refused to say how the child died but a police source said the child couldn’t be woken up from a nap. Relatives told The Star the child suffered “severe head trauma.”

The Ontario Coalition for Better Child Care wants a Coroner’s Inquiry to investigate the death and system failures in Ontario’s child care system that allowed this death to occur.

Ontario has a system of licensed home child care where home-based providers face an annual inspection, monitoring to ensure compliance with the Day Nurseries Act and receive support to provide child care.

“We have a system of licensed home child care. To allow someone to advertise and charge for child care in their home, but opt-out of licensing requirements puts children at risk,” says Andrea Calver, Coordinator, Ontario Coalition for Better Child Care.

“The Ontario Government is doing nothing to provide safeguards for families. The Ontario Government must ensure a safe environment for all children and ensuring access to high quality, affordable child care for all families who choose to access the service.”

Luckese was first charged with aggravated assault endangering a life. She appeared in court last Thursday and was released on $15,000 bail. Following Duy-An’s death on Friday, Luckese was arrested again at her home and later charged with second-degree murder.

The executive director of Kiddie Kare Inc., a licensed agency that trains and monitors child-care workers, confirmed that it dropped April’s Daycare in 2007 because it exceeded the number of infants allowed, even after a warning.

Luckese has been operating as an unlicensed child-care provider ever since.

http://www.thestar.com/news/article/919689--accused-child-killer-remains-in-custody

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Inquest urged in daycare baby death
January 11, 2011 | 5:25 PM ET

Child care advocates and the Ontario Federation of Labour are calling for a coroner's inquest into the death of a baby at an unlicensed daycare in Mississauga, Ont.

Fourteen-month-old Duy-An Nguyen was taken to hospital last Wednesday after an incident at April's Daycare and she died Friday.

The daycare operator, April Luckese, 35, has been charged with second-degree murder in the baby's death.

The Ontario Coalition for Better Child Care and the OFL are calling for a coroner's inquest to investigate the baby's death and what they call system failures in Ontario's child care system.

The groups say long waiting lists for licensed child care in Ontario force parents to use unlicensed and unregulated facilities.

Luckese was remanded in custody to Jan. 21 when she appeared in a Brampton court on Tuesday.

"The Ontario government must ensure a safe environment for all children and ensure access to high quality, affordable child care for all families who choose to access the service," said Andrea Calver of the child care coalition.

Read more: http://www.cbc.ca/canada/toronto/story/2011/01/11/baby-death.html#ixzz1AmjgFVD4

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Ensuring this daycare death wasn't in vain
By MICHELE MANDEL, Toronto Sun
Last Updated: January 11, 2011 6:25pm

BRAMPTON - It is a working mother’s worst nightmare.

And now a defenceless little girl will be laid to rest Wednesday morning, while the woman entrusted with her care remains protected from harm in a segregated jail cell.

No one can hurt unlicensed daycare owner April Luckese.

But it is too late for Duy-An “Theresa” Nguyen and that is why an inquest must be called into the scourge of unlicensed and unregulated daycares in our province.

Just 14-months-old, Duy-An died Friday after being taken off life support at the Hospital for Sick Children. She was rushed there two days earlier from April’s Daycare in Mississauga, where paramedics found her not breathing and unresponsive.

Luckese, 35, was originally charged with aggravated assault endangering a life and released on $15,000 bail. But after Duy-An died, police alleged the child had been violently shaken and the mother of two was rearrested for second-degree murder.

Dressed in a prison issue green sweatsuit, Luckese made a brief appearance in court and was remanded in protective custody until Jan. 21 when her lawyer Bruce Daley hopes to have her bail hearing.

“We still don’t have any disclosure from the Crown but that’s the target day,” Daley said.

In the meantime, she remains in segregation, her lawyer confirmed. “She’s feeling as well as you could be in the circumstances.”

Luckese is being protected because there is little lower on the criminal totem pole than someone accused of harming an innocent child. Even the prison population recognizes the defencelessness of our most vulnerable.

Her lawyer said he wasn’t concerned that the negative media attention would taint his client’s chances for a fair trial. “Juries are very good at wiping the slate clean.”

Perhaps more so than the court of public opinion.

The story is heartbreaking: Relatives say Duy-An’s mother An Nguyen had just finished maternity leave and was finding it hard to find child care before heading back to work. Locating a licensed daycare spot that is both available and not expensive can be virtually impossible. After speaking to other parents, Nguyen reluctantly placed her beautiful daughter with Luckese’s unlicensed daycare in her townhouse.

Under Ontario law, a licensed home daycare is monitored and inspected and providers are subject to criminal background checks. They are only allowed to have two babies under two and a maximum of five children, including the caregiver’s own.

An unlicensed child care provider, though, can legally care for five kids plus her own children without any background or supervision at all.

While April Luckese used to work with Kiddie Kare Inc., she left in 2007 because the mother of two was limited to taking in just three children for a licensed agency but could take in five if she was not.

“Providers can make more money unlicensed than licensed,” explained Kiddie Kare owner Janice Luckese, a distant cousin by marriage to April. “They can have five babies if they want — there’s no law that they can’t. And babies are the highest paying.”

So April opened her own unlicensed daycare: “Mother of 2 boys offering child care in my home. Safe, loving and nurturing home environment.”

After just two days of Duy-An being in Luckese’s care, her mother was planning on pulling her out because she had the go-ahead from her employer to bring Duy-An to her workplace.

She never got the chance. Instead, she faces the agony of saying farewell to her only child at Saint Salvador do Mundo church in Mississauga.

No doubt she is racked with guilt – but that poor mother does not have herself to blame. Instead, we have to ask why we allow an unlicensed system where anyone can throw open their doors and take in kids with no monitoring at all.

Child care advocates such as Luckese of Kiddie Kare believe Queen’s Park must institute regulations and training for unlicensed daycare providers while the Ontario Federation of Labour is calling for an inquest.

“We hope that this wake-up call will cause the Ontario government to introduce appropriate security measures and safeguards in all child care facilities,” said Marie Kelly, the OFL’s secretary-treasurer.

So perhaps a little girl’s death has not been in vain

http://www.torontosun.com/news/columnists/michele_mandel/2011/01/11/16848966.html

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Accused in baby's daycare death gets bail
January 21, 2011 | 12:09 PM ET

The operator of an unlicensed daycare in Mississauga, Ont., who is charged in the death of a 14-month-old girl in her care has been granted bail.

April Luckese, 35, was charged with second-degree murder in the death of Duy-An Nguyen earlier this month.

Justice Bruce Durno ordered Luckese to be released on $10,000 bail and placed her under house arrest. She will only be allowed to leave her home for medical appointments, church and court.

As part of her bail conditions, Luckese cannot operate a daycare or be in contact with any children under 12 except her own without her guarantor. She is also required to report to Peel Regional Police weekly.

The baby's uncle said Friday after the ruling he was "shocked" Luckese was given bail.

Luckese was initially charged with aggravated assault endangering a life after Duy-An was found unresponsive in the woman's home daycare on Jan. 5.

A day later, after the little girl died at the Hospital for Sick Children in Toronto, Luckese was then charged with second-degree murder.

She is scheduled to appear in court again on Feb. 7

Read more: http://www.cbc.ca/canada/toronto/story/2011/01/21/april-luckese-bail653.html#ixzz1Bj300vbb

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Duy-An's family has created a website in her memory. To view it, click link...
http://www.memoryofduyan.com/

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February 7, 2011

A Mississauga daycare owner charged with murder in the death of a 14-month-old girl in her care appeared briefly today in Brampton court.

April Luckese, 35, who was released from custody last month on $10,000 bail, returns to court on Feb. 25.

http://www.mississauga.com/news/article/951229--daycare-owner-in-court