No charges filed against day care

Prosecutors have declined to file criminal charges against a Sandy day-care center accused in March of physical abuse and emotional maltreatment of children.

Despite what the Salt Lake County District Attorney's Office said was insufficient evidence of criminal child abuse against Willow Creek Children's Center, 2309 E. 9400 South, Sandy police Monday said they planned to appeal the decision.

"We're still trying to work with the D.A.," Sandy Police Sgt. Michelle Burnette said. "We feel like there are elements that would support a criminal charge."

Sandy Police Chief Steve Chapman planned to meet with District Attorney David Yocom to discuss the case, Burnette said.

Detectives are particularly interested in one incident in which a child allegedly disclosed physical abuse during an interview with the Division of Child and Family Services, Burnette said. That night, the father's child found a red mark on the alleged victim, Burnette said.

Prosecutors, however, told the Deseret News such instances did not rise to the level of criminal conduct.

"We have reviewed the reports from individuals claiming that their children were disciplined," deputy district attorney Kent Morgan said. "None of those disciplinary measures constitute child abuse under the laws of the state of Utah."

Willow Creek owner Irene Simons expressed relief Monday at prosecutors' decision not to file charges.

"I'm just glad it's over and we got the support of my parents with the day care," Simons said. "I wouldn't have been able to get through this without them."

Although prosecutors have apparently rested their case, the Utah Department of Health's Bureau of Licensing is still investigating the day-care center for possible action, said Bureau of Licensing health program manager Joel Hoffman. Actions for possible violations can include a citation, fine or license revocation.

According to Sandy police, the allegations of physical abuse and emotional maltreatment came from parents and former employees of the day-care center, who claimed four children had been abused.

Simons, however, insisted parents were not the source of any allegations.

"There were no parents," she said. "You need to talk to the police again. There were not parents."

Simons also insisted her day-care employees discipline children by sending them to time out. Physical contact, including spanking, is "never" used, she said.