In January 2008, a three-year-old boy left by his mother at the Kids Quest daycare center located in Grand Casino Mille Lacs was found severely beaten by an employee after a shift change. Further examination by a doctor revealed evidence of sexual assault.

A surveillance video showed a 9-year-old boy beating the toddler, before dragging him into an opaque play pipe, where the sexual assault allegedly took place. Rich Ruohonen took on the case, representing the devastated mother and child and fighting to expose the negligence of Kids Quest and its employees.

TSR Injury Law was the proud sponsor of recent MADD Minnesota Statewide Recognition Ceremony on March 25, 2009. As an event sponsor, Steve Terry was asked to speak at this wonderful awards ceremony which recognizes individuals and police departments committed to the MADD’s Mission. MADD’s mission is to the stop drunk driving, support the victims of this violent crime, and to prevent underage drinking. TSR Injury Law supports the mission of MADD and has been a financial supporter of MADD for many years.

(DIGITAL JOURNAL) Police were summoned to the Kids Quest Daycare facility at the Mille Lacs Grand Casino in Minnesota. A 3-year-old boy was found battered & bruised in a play area within the center. The suspect in question is a 9-year-old boy. Sexual assault also occurred.

The Kids Quest Daycare facility is reacting with horror to the report that a 3-year-old little boy left in their care was somehow attacked and sexually assaulted – right under the noses of the persons left in charge.

The child was discovered in a play area and showed visible signs of a physical attack.

“He had bruises on his arm that showed that he was either pulled or held down. He had finger marks on his neck and by his face, like fingernail marks and bruising,” said the victim’s attorney Richard Ruhonen.

The victims attorney went on to indicate

“It’s unconscionable that this could happen. If anybody is standing within a few feet of the playground, within 30 feet, they should be able to hear a kid being assaulted,”

The 3 year old was taken to a doctor following the incident, and upon examination it was revealed that not only had he been physically assaulted, he had also been sexually assaulted.

The suspect is a 9 year old boy, also left at the Kids Quest facility.

Surveillance video is being reviewed, and it has been reported that the tape contains visual evidence of the attack.

“A 9-year-old child was the perpetrator,” said Mille Lacs Band Of Ojibwe Solicitor General Rjay Brunkow.

New Horizon, which apparently runs the daycare center issued a statement that indicated they were “aggressively and proactively investigating it right now”.

This story just makes me sick to my stomach. First of all, what kind of a day care center, as the attorney stated, would not hear a 3 year old’s cries for help as he was being physically and sexually attacked by another child?

And what is even more horrifying: What 9-year-old would do such a thing? This is one very sick child that obviously has either been abused himself or is seriously mentally deranged. How would a 9 year old even have knowledge of sexual activity or know how to sexually abuse another child?

Horrid, just horrid.

(STAR TRIBUNE) Authorities are investigating the possible sexual assault last week of a 3-year-old boy by an older child inside a child-care facility at Grand Casino Mille Lacs near Onamia, Minn.

The Kids Quest center, which is not owned by the tribe and leases space at the casino, cares for children of casino customers on a drop-in, hourly basis. It was closed temporarily Tuesday while authorities for the Mille Lacs Band of Ojibwe, which owns the casino, reviews whether it has been complying with tribal regulations. The Mille Lacs center, as well as the child-care center at the band’s Grand Casino Hinckley, could remain closed 14 days, or until Feb. 12, said Tadd Johnson, special counsel in the band’s government affairs department.

In the Jan. 23 incident, the victim’s parent was paged after a worker at the facility saw the toddler had been physically assaulted, said Rjay Brunkow, attorney for the Mille Lacs band. The next day, the boy’s parent noticed more bruising and took the boy to the doctor, who “concluded that a sexual assault may have happened,” Brunkow said.

Mille Lacs tribal police are in the early stages of the investigation, Brunkow said, but have identified a “suspect or a person of interest” — a boy between 8 and 10 years old.

“We do not believe a worker or an employee was involved,” he added.

Richard Ruohonen, a Minneapolis attorney representing the alleged victim’s family, asserted that no one at the care center called police to report the incident. He said they told the mother they didn’t know what had happened.

Ruohonen said the alleged victim’s mother and grandmother were paged two or three hours after they’d dropped him off at the center, and found him with bruises and scratches on his face and head, along with a dried-up bloody nose. They did not know when the assault occurred.

The doctor who examined the 3-year-old called police the next day, Ruohonen said.

The boy had been at the center on other occasions before the incident, but he and the alleged assailant didn’t know each other, Ruohonen said.

Kids Quest is run by New Horizon, a Plymouth-based chain of child-care centers at businesses and other locations that includes the Kinderberry Hill centers. Kids Quest is the nation’s largest system of hourly child-care centers, including centers in 22 casinos in 11 states, caring for children 6 months to 12 years of age. There are four in Minnesota.

In an e-mail Wednesday, Kids Quest spokeswoman Beth LaBreche wrote that Kids Quest is “aggressively and proactively” investigating the incident.

The state of Minnesota does not license or have any jurisdiction over tribal casino child-care centers, said a Department of Human Service spokesman. But the centers operate under regulations similar to the state’s, Johnson said. Brunkow said the incident may have happened inside a crawling tube that is part of the playground equipment in the facility, which would have concealed it from workers.

Authorities hope to have a report with more answers by Friday.

“We’re going to continue to investigate very aggressively. I’ve instructed our police chief that this is top priority,” Brunkow said. “We need a quick resolution of this case and an accurate resolution.”

It is unknown what type of repercussions the older child could face.

“With kids these ages … that’s not an age where they’re old enough to even have formed criminal intent,” Brunkow said, adding it may be “more of a family services matter.”

Staff writer Courtney Blanchard contributed to this report. plouwagie@startribune.com • 612-673-7102 mcaul@startribune.com • 612-673-7646

(Mille Lacs) The mother of a 3-year-old who was allegedly physically and sexually assaulted in January at the Kids Quest child care center located at Grand Casino Mille Lacs said her child is haunted by the experience and is seeking help.

Help, could come sooner, she and the child’s therapists believe, if they had a better understanding of what happened to the toddler nearly one year ago – understanding they could gain by viewing the casino surveillance tape being held as evidence by the Band’s Solicitor General, Rjay Brunkow.

The victim’s attorney, Rich Ruohonen, said he was stunned that the tape has not been turned over when he requested it from Brunkow several times since July.

“In every jurisdiction in the state of Minnesota you have the right as a victim of a crime to get a copy of video tapes and other evidence that the police have obtained,” Ruohonen said. “Apparently with the exception of tribal land.”

The video tape was placed into evidence with the Mille Lacs Band tribal police who had investigated the incident. Brunkow now has the tape in a different secure location, he said.

Ruohonen said security reports written after the tape was reviewed say a 9-year-old boy kicked the toddler in the face, threw him to the floor, held him down, then carried him to the top of the gym into a tunnel.

The mother of the toddler victim said she was mortified when she picked her son up after dinner at the casino. “He was beaten head to toe,” she said. He had bruising on his cheeks and neck, a ruptured blood vessel in his eye and a scratch on the side of his eye.

Follow up care at a hospital revealed the child had been sexually assaulted.

Brunkow said he has viewed the tape. “It shows a little rough housing. The sexual assault allegedly took place in a tunnel. It is not a see through tunnel,” Brunkow said. “Nothing on that tape actually shows sexual assault.”

Ruohonen said there are no plans to name the Band in any lawsuit at this time. He is currently pursuing a civil case against Kids Quest/New Horizons. New Horizons is the parent company of Kids Quest, which operated drop-off day care centers at Grand Casino Mille Lacs and Hinckley. Their vendor license has since been revoked at both casinos.

Ruohonen said he sent a letter to Brunkow in February requesting the surveillance tape and other evidence. Brunkow told him he could have it. By July, the tape had not been turned over to Ruohonen. On July 3, Ruohonen said Brunkow told him it was in the mail.

But Ruohonen did not receive it. Ruohonen said Brunkow later told him he could have the tape if he agreed in writing to release the Band of any liability in the case prior to viewing the tape.

“It would be irresponsible of me as an attorney in representing my clients, to sign anything of that matter before viewing the tape,” Ruohonen said.

Brunkow denied agreeing to turn the tape over to Ruohonen without signing a statement.

Mille Lacs Band statutes state tribal court has the authority to review and determine the benefit of any evidence involving juvenile cases, according to Brunkow.

“He (Ruohonen) should have taken the time to learn tribal law and file a motion in tribal court to try to gain the tape as evidence through the court,” Brunkow said. “But he chose to remain ignorant.”

Brunkow maintains he will turn the tape over to Ruohonen if he agrees in writing not to use the tape as evidence in any law suit naming the Band as a defendant.

Ruohonen said he will explore his options.

“The sad part – the frustrating part – is that tape can possibly help this child in his therapy,” Ruohonen said. “It can help his mother and his doctors better understand what happened to the child so they can move forward. Not having that tape is detrimental to his care and treatment.”

by Vivian Clark
Messenger Staff Writer

(WCCO) Tribal Police at Grand Casino Mille Lacs are investigating the assault and rape of a 3-year-old at the Kids Quest Child Care Center located in the casino. They think the person responsible is a 9-year-old boy.

A promotional video calls Kids Quest a safe, secure and fun place, saying “parents trust us, kids love us.”

However, investigators say Kids Quest was anything but safe for a 3-year-old boy last week.

“It’s unconscionable that this could happen. If anybody is standing within a few feet of the playground, within 30 feet, they should be able to hear a kid being assaulted,” said the victim’s attorney Richard Ruhonen.

The child was apparently in a play area when workers found him.

“He had bruises on his arm that showed that he was either pulled or held down. He had finger marks on his neck and by his face, like fingernail marks and bruising,” said Ruhonen.

The next day a doctor discovered more had happened to the 3-year-old.

“There was definitely some indication that he had been sexually assaulted,” said Ruhonen.

Grand Casino Mille Lacs leases the Kids Quest space to New Horizon.

“We’re very upset over the entire situation. We are actively and aggressively investigating,” said Mille Lacs Band Of Ojibwe Solicitor General Rjay Brunkow.

Surveillance tape apparently may show the child suspected of assaulting the little boy.

“A 9-year-old child was the perpetrator,” said Brunkow.

In a written statement, New Horizon said the company is aware of the allegations and is “aggressively and proactively investigating it right now.”

Kids Quest also said it’s “working closely with tribal law enforcement to gather the details we need to properly address the situation.”

The casino is also working with Kids Quest to make changes so this never happens again.

(WCCO) After the beating and sexual assault of a 3-year-old boy in the Kids Quest child care center at Grand Casino Mille Lacs, it was discovered that casino centers like this one are not licensed by the state.

Investigators think a 9-year-old boy was responsible for the attack that happened at Kids Quest, a child care center that is run by New Horizon.

“Obviously there wasn’t adequate supervision or this never would have happened,” said the victim’s attorney Richard Ruohonen.

The 3-year-old’s mother said the boy received cuts and bruises during the attack at Kids Quest.

“There should have been police called and there should have been medical personnel there and unfortunately that didn’t happen,” said Ruohonen.

“I can’t speak for Kids Quest. You’d have to inquire of them why they did not contact authorities,” said Mille Lacs Band Of Ojibwe Solicitor General Rjay Brunkow.

WCCO-TV did contact New Horizon, who leases the Kids Quest space from the casino, and they refused to say.

The victim’s attorney said the toddler told his mother that the assault happened inside a pink ball in the play area.

“Our client was told they only check the tubes, the enclosed areas, once an hour,” said Ruohonen. “And to only check them once an hour, if that’s true, and that’s what she was told, is frankly ridiculous.”

Child care center on any tribal land are not licensed by Minnesota’s Human Services Department. The Native American government of each band determines requirements and regulations for day care centers.

“We do have the ability to insist that changes are made or Kids Quest will no longer be associated with the band,” said Brunkow.

As of 8 a.m. Wednesday, Kids Quest’s vendor license was temporarily suspended and the doors closed pending a hearing on Friday. Meantime, the wounded child and his mother are trying to cope with the trauma.

“He’s scared, he’s sleeping at night with his mom. He reaches out for her every night to see if she is there?” said Ruohonen. “She’s angry at the fact it was allowed to happen. The fact that there was no one there watching out for her son.”

The family only came forward to share their tragedy to prevent other children from suffering the same fate. They’re just sorry something as terrible as this had to happen before changes were made at the casino.

Kids Quest at Grand Casino Hinkley is also temporarily shut down. The other child care centers operated by New Horizon at Jackpot Junction and Treasure Island remain open.

(WCCO) A Minnesota Indian tribe shut down the child-care centers at its two casinos after a report that a 3-year-old boy may have been sexually assaulted by an older child.

The attack happened Jan. 23 in a crawling tube inside a play area at Grand Casino Mille Lacs, a casino in the central Minnesota town of Onamia run by the Mille Lacs Band of Ojibwe. The suspected assailant is a boy between 8 and 10 years old, tribal attorney Tadd Johnson said.

Richard Ruohonen, an attorney for the victim’s family, said details of the assault weren’t clear. He said the younger child was “physically and sexually assaulted,” with bruises and scratches on his face, arm and back.

“It’s unconscionable that something like this could happen when you drop your kid off at a day care center,” Ruohonen said.

The incident was being investigated by tribal police. Sgt. Justin Churchill said the police report would remain confidential at least until the investigation was finished. Neither police nor tribal officials would give the boy’s exact age.

Jan Kolb, the prosecutor in adjacent Mille Lacs County, said she hadn’t reviewed the case for possible charges nor seen any police reports. She said criminal charges against the older boy won’t be possible under state law if he’s younger than 10.

The tribe temporarily closed the Kids Quest center at the casino, as well as another at the tribe’s other casino in nearby Hinckley. Johnson said they would remain closed at least until the investigation ends.

“Obviously, the band is extremely concerned about this situation,” Johnson said. “We’re doing everything we can to get a quick and accurate resolution to the case.”

Child-care centers are common in casinos. The Kids Quest centers at both of the Mille Lacs casinos are operated by New Horizon Academy, a Twin Cities company that leases space from casinos in 11 states as well as operating freestanding day-care centers.

A Kids Quest center at Treasure Island, a southeastern Minnesota casino run by the Prairie Island Indian Community, listed an hourly rate of $6 to care for children ages 6 weeks to 12 years.

New Horizon officials declined to answer questions about the incident Thursday or provide basic details about their business. In a written statement, the company said employees had failed to follow its “comprehensive” procedures to keep children safe.

“We deeply regret the actions of these employees,” said the statement from spokeswoman Beth LaBreche. “Since 1992, Kids Quest has provided nearly 28 million hours of care to more than nine million children. This is the first incident of its kind to occur.”

Johnson, the band attorney, said a worker noticed bruising on the boy’s body and had his parent paged in the casino. The next day, the parent noticed more bruising and took the boy to a doctor, who concluded that a sexual assault may have happened.

Johnson said tribal investigators identified the suspected assailant from surveillance video, but the tube obscured footage of the actual assault.

Ruohonen said the child is not a member of the Mille Lacs Band. He called it “unbelievable” that such an assault wasn’t stopped. The 3-year-old surely cried out, Ruohonen said.

“The family’s main concern right now is to make sure this doesn’t happen to another kid,” he said.

Both Johnson and Kolb, the county attorney, said that if the alleged assailant isn’t charged, a tribal or county social services agency could intervene to investigate his family situation.

(WCCO) The mother of a toddler that was allegedly physically and sexually assaulted by a 9-year-old child is speaking out.

It’s been nearly a year since the alleged incident happened at Grand Casino Mille Lacs.

It apparently took place here in the Kids Quest child care center owned by New Horizons.

A pending lawsuit is stalled because of a dispute over a key piece of evidence.

“When they brought him I was mortified. He was beaten head to toe,” said the victim’s mother, who wants to remain anonymous to protect her son’s identity.

She recalls the shock she felt after seeing her 3-year-old son that she left for about an hour and a half at Kids Quest while she had a birthday dinner to go to.

“He had bruising on his cheeks, on his neck. He had a ruptured blood vessel in his eye, a scratch along his eye,” she said. All of that happened allegedly at the hands of an older boy.

“Sick to my stomach that a 9-year-old could beat my son to that degree,” said the victim’s mom.

The day after the apparent abuse the doctor had more distressing news.

“He had assaulted him sexually. And so they immediately did tests, called Mille Lacs Police,” said the victim’s mom.

The physical abuse was captured on surveillance tape.

“It shows what looks to be an older child maybe rough housing a little bit too hard with a younger child,” said Rjay Brunkow, the Mille Lacs Band Solicitor General.

Security reports written after reviewing the tape said the 9-year-old boy kicked the toddler in the face, threw him to floor, held him there then carried him to the top of the gym into the tunnel.

“It’s not a see through tunnel,” said Brunkow.

That’s where the alleged sexual assault took place.

“In every jurisdiction in the state on Minnesota — if you aren’t on tribal land — you have the right as a victim of a crime to get a copy of a video tape that the police have obtained,” said Rich Ruohonen, the victim’s attorney.

However the Mille Lacs Band will only turn over the tape to the boy’s attorney if they “write the band a letter saying if the band were named as a defendant in the lawsuit, that the video tape would not be used against the band,” said Brunkow.

“It would be irresponsible of me as a lawyer, in representing my clients, to agree to that without at least seeing it,” said Ruohonen.

Meantime a distraught mother copes with a traumatized child

“Since this, he’s a completely different boy. He lashes out at myself, my mother, but my daughter is the main focus of his aggression,” said the victim’s mom. “I just wish they’d give us the tape to understand what my son went through.”

The boy’s attorney could plead his case before a tribal judge. That judge would then decide if he could have the tape.

The attorney said he’ll do that as a last resort. The casino day care where this happened is now closed.

In 2005, 16-year-old Jeff Weise shot and killed 7 people at Red Lake High School before taking his own life. In addition to reaching a $1 million settlement with the school district, the twenty-one plaintiffs, representing survivors and the families of victims, also filed suit against MacNeil Environmental of Burnsville, the firm hired to evaluate and improve security measures on campus prior to the shootings.

Rich Ruohonen represented Steven Cobenais, the most severely injured student, in the suit, which was recently settled for $1.5 million.

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