A day care in Dublin is facing a wrongful death lawsuit from the parents of a toddler who was pronounced deceased shortly after being found unresponsive at the facility earlier this year.
Prior to the declaration of Matthew Bonneau Jr.’s death April 15, staff at Building Kidz of Dublin discovered the 2-year-old lying face down with his nose and mouth covered, at the end of nap time shortly before 2:30 p.m., according to the legal complaint filed Oct. 13.
Teachers performed CPR on the boy, the complaint states.
Upon arrival, officers from Dublin Police Services also performed CPR on the child, Capt. Miguel Campos told the Weekly earlier this year.
The toddler was subsequently transported to a local hospital where he was pronounced dead at 3:18 p.m. that day. Police deemed the incident as non-criminal in nature.
Parents McKayla Saavedra and Matthew Bonneau Sr. as well as sister Mylah Bonneau — via a guardian — allege that defendants recklessly neglected to monitor Matthew Jr., resulting in his death.
“Matthew Junior was full of energy, full of smiles and full of love,” grandmother Renee Saavedra DeMotta said in a statement. “His laughter could fill the room, his hugs could melt away any sadness and his curiosity made every day an adventure.”
“The sudden loss of his bright light was a moment that changed our family forever, splitting time into before and after,” Saavedra DeMotta added.
The family is seeking a jury trial regarding claims that Building Kidz of Dublin exhibited negligent hiring and/or retention, supervision and/or training as well as the infliction of emotional distress via negligence and intent, according to the legal complaint.
“This is one of the most shocking cases of childcare neglect we’ve ever seen,” J. Gary Gwilliam, the family’s attorney at Gwilliam, Ivary, Chiosso, Cavalli & Brewer said in a statement. “This is every parent’s worst nightmare. This tragedy was entirely preventable – and the facility’s repeated violations show a complete disregard for the safety of children in their care.”
A spokesperson for Building Kidz said that a final report from the California Department of Social Services (CDSS) found claims of the school’s role in the student’s death to be unsubstantiated and that there was insufficient evidence to support the allegation.
The school has been exonerated by the State of California, the Building Kidz School spokesperson said.
“While we respect the family’s pain and their right to seek answers through the legal process, the accusations of negligence and wrongdoing are unequivocally false. We are confident the facts will exonerate those named in the lawsuit, and Building Kidz School will vigorously defend itself against these baseless allegations,” the day care spokesperson told the Weekly.
“Our focus remains on supporting our school community through this devastating loss and ensuring the well-being of our students and staff,” they added.
Along with Building Kidz of Dublin, the family is suing its parent and related companies – Building Kidz, Inc.; Building Kidz Worldwide, LLC; Building Kidz Properties, LLC; Brilliant Minds Academy and Brilliant Minds Investments, LLC.
Although they maintain the allegations against them in the lawsuit are false, the school expressed sympathy for the incident.
“There are simply no words to adequately express the profound sorrow we feel for his parents, family and everyone who loved him,” the spokesperson for Building Kidz said. “Our thoughts and deepest sympathies remain with them during this unimaginable time.”
Matthew Jr. and Mylah Bonneau had been enrolled at the day care since approximately December 2024. Upon enrollment, the defendants did not make any effort to obtain medical information about either child, according to the lawsuit.
The parents repeatedly asked how to provide medical information and were given a “short form”, the complaint states.
Although his parents advised the defendants of Matthew Jr.’s medical conditions, including his history of seizures, his record with Building Kidz does not include any medical issues — only his food allergy and immunization records were included, the lawsuit alleges.
On the day of Matthew Jr.’s death, his father dropped the kids off at approximately 8:20 a.m. at Building Kidz of Dublin. Teachers confirmed that the boy seemed OK and in good spirits, the complaint adds.
However, the coroner’s report stated that his death was caused by “probable complications of influenza B viral infection”.
“What we were hoping to get was some kind of closure with the autopsy report and that just sent us spinning,” Saavedra DeMotta told the Weekly.
McKayla Saavedra is very attentive to her children’s health and Matthew Jr. was healthy on the day he died, Saavedra DeMotta said. If either Matthew Jr. or Mylah Bonneau had a sneeze or cold, their mom would keep them home, the grandma added.
On April 15, one of Matthew Jr.’s teachers reported that he ate less than usual at lunch and was not acting like himself before nap time, according to the complaint.
It was also reported that Matthew Jr. had difficulty falling asleep.
The children were left unattended and unchecked for about one hour and 20 minutes, the lawsuit alleges.
Previously, the CDSS suggested that Building Kidz of Dublin implement 15-minute sleep checks, according to a department report Oct. 25, 2023 based on an unannounced, annual random inspection.
Nap checks every 15 minutes are not required by law for children over the age of 2-1/2 years old, but it is considered “best practice” to continue the checks with older children, especially for those with medical concerns, according to the legal complaint.
Shortly before 2:30 p.m. April 15, teachers returned to the room to wake the children. Matthew Jr. did not respond and after flipping the toddler onto his back, teachers performed CPR, according to the complaint.
The facility director allegedly “fr(oze) in the crisis, as if she did not know what to do or how to assist”, the complaint states.
“It is evident that defendants failed to develop and maintain effective protocols and/or procedures for emergency situations and ensure proper training regarding the same,” according to the complaint.
An Oct. 14 report by the CDSS determined that the facility had insufficient staffing for a total of 26 minutes during nap time on the day of Matthew Jr.’s death.
The investigation by CDSS was prompted by a complaint the department received April 16.
Per the CDSS report, three teachers were assigned to “the classroom” and two teachers left to take their lunch break April 15, leaving one teacher responsible for 14 children, the report states.
Of the 14 children, two were observed on video as being active and mobile within the classroom, according to the report. The staffing arrangement did not comply with the required staff-to-child ratio of 1:12.
“This staffing arrangement poses a potential risk to the health, safety, and personal rights of the children in care,” according to the report.
As of Oct. 22, Building Kidz of Dublin has been the subject of at least six complaint investigations by the CDSS, with four allegations substantiated, according to the department website.
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