4 Investigates: Safety warnings ignored before child’s death?

ALBUQUERQUE, N.M. – A lawsuit claims a 1-year-old died at a state-sponsored Tijeras day care after warnings about safety and staffing problems went unheeded.

Micah Tran died inside New Mexico Early Learning Academy in Tijeras, and his family is now suing the provider. 4 Investigates found there are still questions about whether his death could have been prevented and whether anyone should face accountability.

Former workers had raised concerns before Micah’s death. Daisy Gutierrez, Angela Barela and Nataly Booth said they told owners Crystal and Ricardo Romero about health and safety problems.

“It really is like devastating that like all our cries for help and all our cries,” Daisy Gutierrez said. “All our standing up and trying to advocate never went through.”

In 2026, the state cited the child care provider 11 times at three Bernalillo County locations for sanitation, maintenance and housekeeping violations. Gutierrez resigned four months before Micah choked to death.

What did records show?

“None of the cups of water were being washed. They looked disgusting, moldy,” Nataly Booth said.

“Infants crawl…” Daisy Gutierrez said. “At the end of the day, I would pick them up, I had seen their feet, and they were like black.”

Gutierrez said her complaints sat for weeks without a solution involving staffing and capacity. State rules limit infant and toddler classrooms to 12 children in one room and require one teacher for every six kids.

“When I first started, the ratio that was promised in my orientation was 1:4,” Daisy Gutierrez said.

“I was running 1:13 for about 2 weeks,” Angela Barela said.

State inspections found overcrowded classrooms three times last year, including 18 children in a classroom twice at the Tijeras location where Micah died. Video that 4 Investigates obtained from former employees also showed ratio problems.

How did the state respond?

“It’s money to them when that’s not how childcare should be. ” Angela Barela said.

4 Investigates took those concerns to Early Childhood Education and Care Department Secretary Elizabeth Groginsky and asked whether a room with 18 infants or toddlers would justify suspending or revoking a license.

“I think it’s again that balance. I mean, Tijeras is serving a large number of children. We could close the whole center down,” Secretary Elizabeth Groginsky said. “And then we could potentially, you know, put other children and families in difficult situations.”

Records that 4 Investigates obtained from the department showed reports of children left in spoiled diapers all day, injured children and kids without jackets playing in the snow. The state also found administrators did not display inspection reports, and one investigation found a stack of reports that staff never gave to parents or the state during a staff transition.

“Absolutely Not. We investigate every single complaint and incident thoroughly, and there was never that case. She is no longer on the advisory council,” Secretary Elizabeth Groginsky said.

The response

Bernalillo County sheriff’s deputies have not charged anyone criminally in Micah’s death. A civil wrongful death lawsuit from Micah’s parents seeks damages from Crystal and Ricardo Romero.

Just this week ELA sent parents a message saying it will provide a new monthly menu with age-appropriate food for infants and toddlers. Former employees and a previous ELA menu say six-month-olds were fed nachos and carrot sticks.

Crystal and Ricardo Romero did not respond to repeated requests for comment.

See also:

• Child death under investigation at New Mexico Early Learning Academy
• Tijeras family waits for answers following death of child at daycare
• Parents sue New Mexico Early Learning Academy after 1-year-old’s choking death

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