Marine Corps Day Care Hit with Legal Allegations of Widespread Child Abuse

Five Marine Corps families filed federal claims against the government late last month alleging that negligent hiring practices, training and supervision at a Marine Corps Air Station Yuma, Arizona, day care led to pervasive child abuse and neglect, according to court records.

The claim stated that, collectively, police documented "at least" more than 200 instances of abuse and neglect at the child development center aboard the Marine Corps base over a three-month period between 2020 and early 2021.

The children, between the ages of 1 and 2 years old, were allegedly slapped, dropped, shoved, dragged, thrown and verbally abused during that time period, leaving them with lasting injuries and behavioral issues, including self-harm and delayed emotional development, the complaints filed Nov. 26 said.

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In one instance, a child care worker dragged a child on his back and threw "several items" on top of him before grabbing him by one leg and carrying him across the room upside down, the claim said, citing a police report. In another instance, the same worker shoved a different child face-first into a cot during naptime and aggressively smacked his back 12 to 13 times with the heel of her palm, according to court records.

"Had MCAS Yuma CDC staff had proper precautions in place to identify, address, and report the behavior to law enforcement and family members at an earlier time," the claim said, children "would not have suffered the same level of trauma" they and their families "are now left to deal with."

Responding to an abuse report from the day care's director, Laura Frank, police arrived at the development center on March 2, 2021, "after months of ongoing abuse and neglect against several different children in the Tiny Tots program," the claim said. There, law enforcement reviewed video footage from the last three months at the center.

In the aftermath, "the CDC provided minimal information regarding the neglect and abuse," the claim said, and "plaintiffs were told that video footage existed dating back only 90 days prior to March 2, but the family was not able to view the recordings independently for some time."

The fallout resulted in charges against two employees named in the claim, Valerie McKinstry and Katherine McCombs, who were sentenced to 13 days in jail and five years supervised probation, respectively, local media reported last year. A third worker, Maria Mendez, was named in the claim but did not face charges, the military newspaper Stars and Stripes reported.

"We are aware of the lawsuit regarding incidents that occurred at the Child Development Center aboard Marine Corps Air Station Yuma," Capt. Owen VanWyck, a spokesperson for the base, told Military.com over email Thursday. "We have cooperated fully with authorities over the course of their investigation and will continue to do so as necessary."

The complaints point to more abuse and the same systematic issues that have affected families and children in the military's child development centers.

In April, a Military.com investigation uncovered the plight of families seeking accountability for alleged abuse their children endured at the centers and the efforts it required to get basic information about the cases. Within hours of publication, the Pentagon asked its inspector general to investigate the issues raised by families in the story.

Stars and Stripes, which first reported on the claim Thursday, identified the parents of the children as Marines ranging in rank from corporal to master sergeant.

"You had these people who were repeatedly abusing these 1- to 2-year-old children," Glen Sturtevant, an attorney for the families, told the publication. Sturtevant could not be reached by Military.com before publication.

"Clearly, you have a situation where it was a systemic failure to train, supervise and manage these people, as well as, it's a pretty good indicator that these were not people who should have been hired to be performing child care of little babies," he said.

The complaints said that the center failed to ensure that all children were properly supervised and protected from abuse, or to report it in a timely manner, enforce existing policies at the center, hire qualified staff, train said staff, and remove staff who allegedly harmed the children.

When asked what the leadership on base was doing to ensure that children at the centers on post were safe and appropriately cared for, VanWyck, the spokesperson, said that "the health, safety, and well-being of the children is our priority. The classrooms are closely monitored by closed-circuit television and staff at all times."

"MCAS Yuma's leadership and the CDC have an open-door policy for parents who would like to observe their children," he added.

The complaints were filed under the Federal Tort Claims Act, which allows individuals to litigate against the government for neglect. The claim said the families filed tort claims with the Navy in February 2023 but were denied later that fall, then denied again in July 2024 after the families asked the service to reconsider their cases.

The claim, citing ongoing behavioral, physical and emotional care costs for the children as a result of the abuse, said that the families are requesting damages ranging between $900,000 to $5 million each.

Related: 'Betrayal': Family of Toddler Abused at Navy Day Care Launches Claim that Service Negligently Mishandled Their Case