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Inspectional Services issued violation to manager of building where toddler died after fall

BOSTON (MyFoxBoston.com) -- The mother of a 2-year-old boy who died after falling from the roof of a four story building in Boston is blaming the woman who runs the daycare center in that building for his death. New details emerged Thursday in the investigation.

The incident happened in the building of the boy's daycare on Columbia Road in Dorchester.

"She took everything from me," said Leonela Rivera, mother of 2-year-old Daylan Walker.

Daylan was transported to Boston Medical Center, where he was pronounced dead at about 10:40 a.m. Wednesday. His mother says his neck was broken.

The child was attending a daycare facility run out of an apartment on the first floor of the building, and investigators are looking into how Daylan wandered from the first floor to the fourth floor and onto the roof. The district attorney’s office said they have no indication that there is anything criminal about the child’s death.

New details emerged in the investigation Thursday after Inspectional Services issued a violation to the buildings managers’ saying the door to the roof is in need of repairs.

That violation read in part: "Panic hardware does not engage using automatic closers - must be manually slammed shut to engage panic hardware."

The daycare is run by Marisol Rondon-Ramos. Her business was licensed in 2006 and renewed in April 2013. The daycare is listed as licensed to care for six children. Officials told FOX 25 they don't believe the death came from an issue of the daycare being over capacity.

However, FOX 25 has learned about allegations, dating back several years, that Rondon-Ramos put the children she was caring for in jeopardy. The state agency that oversees child care centers released a 37 page document full of complaints and violations against Rondon Ramos spanning more than seven years, including four violations for failure to practice safe sleep procedures with children. She was banned from caring for children under 15 months and has been investigated multiple times for allegations including being over-capacity and even allegedly locking children in a bathroom.

The state says Rondon Ramos is in the process of permanently giving up her license.

Rivera said her son loved to play with cars, could recite all the letters of the alphabet, and that he was not the type of child to wander off alone.

"He would never step outside without our permission," she said "How does he get to the roof when she lives on the first floor?"

Daylan could not climb stairs well without an adult's help, Rivera said.

Chillingly, Wednesday morning, when Daylan's grandmother dropped him off at daycare, he didn't want to go, his mother said.

To ease the family's fears, a little after 9 a.m., Rondon-Ramos texted Rivera a picture of Ramos, writing in Spanish, "your boy is good - he is playing and quiet."

Fifteen minutes later, police called her to tell her what had happened to her son.

Parents whose children attend the daycare were notified of the death and told to pick their children up. Many appeared visibly upset over the news.

"I feel sad, sad that a child lost his life," one parent said outside the building.

The Department of Early Education and Care released the following statement Thursday: "The Department of Early Education and Care continues to investigate this tragedy in close coordination with law enforcement and the Department of Children and Families. Our hearts and prayers are with Daylan's family as they grieve this unimaginable loss. We have been in contact with the provider and she is in the process of permanently surrendering her license to operate."

Mayor Marty Walsh also chimed in, saying Boston Police will get to the bottom of what happened.

"They wrote it up yesterday it's an ongoing investigation to find out what happened. It's a terrible tragedy," Walsh said.

He went on to say that what happened to the 2-year-old kept him up all night.

"My heart goes out to the family nobody expects to drop child at daycare and then get a phone call like that," he said.

In the meantime, the memorial close to where Daylan fell continues to grow and residents gathered Thursday night at a vigil to remember the 2-year-old.

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