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Grieving parents and attorneys raising questions about death of 9-month-old child at Homestead daycare

Grieving parents and attorneys raising questions about death of 9-month-old child at Homestead dayca
Grieving parents and attorneys raising questions about death of 9-month-old child at Homestead dayca 02:54

HOMESTEAD – For the first time we are hearing from the mother of a 9-month-old boy who died after being discovered unresponsive on Monday at a daycare facility in Homestead.

The child's mother and father and their two attorneys are raising questions about the death of Tayvon Tomlin. Miami-Dade police are heading the investigation and they say the child was found unresponsive in his crib at the Lincoln-Marti Daycare. He was airlifted to Kendall Regional Medical Center but did not survive.

The attorneys say they have received conflicting reports about what happened. CBS4 has chosen not to get into them because they are not being confirmed by police.

The Miami-Dade Medical Examiner has not released the cause of the child's death.

Keiara Whorley, the child's mother, shed tears as she said, "I cannot fathom this. I was told my son was unresponsive and on his back which is a position he is not comfortable with. My son, how do I explain this that he is gone. And I had been a skeptic about day cares."

Devonte Tomlin, the father, said, "My boy was happy and joyful."

Family attorney Stephen Cain told CBS4's Peter D'Oench, "This is the worst nightmare for any parent. No parent should have to go through this. Children should be looked in at all times, especially when you are dealing with a 9-month-old baby."

Family attorney Michael Levine said, "Florida law requires that children under the age of 1 be supervised at all times, whether they are taking a nap or not. That is irrelevant."

The attorneys also said they wanted to know why a surveillance camera in the child's room at the day care facility was not working.

In a statement on Monday, the facility said:

"Lincoln-Marti is working with the authorities to determine what caused this tragic situation and offers its sincere condolences to the family. Out of respect for their privacy, no further comment will be made at this time."

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