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'Abuse Or Neglect' Report Filed With DCF After Child's Fatal Fall In Dorchester

DORCHESTER (CBS) – As the Department of Children and Families opens an investigation, authorities are trying to figure out how a toddler was apparently able to leave a Dorchester apartment, climb to the roof of the four-story building and then fall to his death.

Two-year-old Daylan Walker was found lying on the sidewalk outside 131 Columbia Road Wednesday morning, shortly after he wandered away from a day care on the first floor.

Walker's grandmother, Lucrecia Rivera, told WBZ-TV he had only been going to the day care for two weeks.

It's still not clear why the door to the roof was unlocked.

The city's Inspectional Services Department issued a violation report Wednesday afternoon, after Walker's death, saying that door must be "manually slammed shut to engage panic hardware."  The building owner was given 24 hours to fix the door.

Access to the building was still limited by police Thursday.

Dorchester Fall
Police outside 131 Columbia Road Thursday. (Photo by Carl Stevens)

Candles and teddy bears were placed on the sidewalk Thursday near the spot where Walker was found. Dozens turned out Thursday night for a vigil in Walker's honor.

The Department of Children and Families told WBZ it has received a report alleging abuse or neglect of a child by a caretaker related to the incident and is investigating. The specifics of that complaint were not made public.

WBZ NewsRadio 1030's Bernice Corpuz reports

'Abuse Or Neglect' Report Filed With DCF After Child's Fatal Fall

The owner of the day care has been identified as Marisol Ramos. There has been no comment yet from her.

Her husband, who helps run the day care, but has not yet been identified by name, was taken away in an ambulance Wednesday, reportedly distraught.

According to the Department of Early Education and Care, Ramos' day care is licensed to watch up to six children. The number of children attending the day care on Wednesday was within that guideline.

A report from EEC says the day care, which received its license in 2006, has been cited on seven times in the past. Four of those citations were for safe sleep practices and three for over-enrollment.

The citations resulted in Ramos having her allowed enrollment reduced to six children and her license restricted to caring for children age 15 months or older.

The report also notes that in 2007, a child at the day care stopped breathing during nap time. It states that Ramos initiated CPR and called 911 in accordance with EEC policies. EEC determined Ramos appropriately responded to that incident.

In addition, two separate allegations by parents of child abuse were investigated, once in 2012 and once in 2013, but no evidence could be found to support those claims.

The day care's license has been suspended following Walker's death. There's still no word on whether charges will be filed.

"When somebody drops their child off at a day care, things like this shouldn't be happening," Boston Mayor Marty Walsh told WBZ Thursday.

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