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Family sues Orlando day care after 3-year-old boy found dead in hot van

ORLANDO, Fla. — The family of a 3-year-old boy found dead Aug. 7, after being left in a day care van for nearly 12 hours, has sued the Orlando day care, the owner and the van driver.

Myles Hill would have turned 4 Tuesday, something his mother lamented during a vigil outside Little Miracles Academy, the day care where the toddler was found dead in a van.

Link: GoFundMe account set up to help pay for toddler's funeral expenses

"My baby is 3 years old. He's 3," Chiel Banks said. "He's going to be 4 on the 22nd of this month and he's not going to have a birthday."

Police were called shortly before 8:30 p.m. to Little Miracles Academy on West Gore Street near Rio Grande Avenue in reference to a report of child neglect, Mina said.

Officers found Myles on the floor of the back seat of the van, and paramedics pronounced him dead, Mina said.

Myles' family filed a lawsuit against the day care in Orlando Circuit Court alleging numerous state violations, which prompted the state to shut down both Little Miracles Academy locations, led to his death.

According to the lawsuit, the violations include:
  1. Failing to property maintain transportation logs;
  2. Failing to comply with state regulations regarding transportation;
  3. Failing to update transportation logs on a daily basis;
  4. Failing to correctly document transportation of children on a daily basis;
  5. Failing to provide adequate transportation to children;
  6. Failing to provide adequate employees to transport children;
  7. Failing to provide car seats in the vehicles for younger children;
  8. and, Failing to implement proper use of transportation logs.

The suit, which did not seek a specific amount of damages, also named day care owner Audrey Thorton, and the driver of the van Myles was found in, Deborah Denise St. Charles.

St. Charles has been arrested and charged in connection with Myles' death.