2 Alleged Victims Sue Tender Care Learning Centers

SCOTT TOWNSHIP (KDKA) -- Two alleged victims of a daycare worker are now suing, saying the daycare ignored warnings about him.

The family of one of the victims of accused child molester Matthew Byers says they could have been spared their trauma had Tender Care Learning Centers heeded their warning that Byers was a child predator.

Byers is charged with molesting five juveniles with at least two more possible victims talking to police – a spree that investigators say went unabated and undetected until one victim came forward.

"And where this young boy got the courage -- a 9-year-old boy -- who's really a hero because he saved how many kids," Monte Rabner, an attorney, said.

The boy's family has now sued Tender Care saying it had been warned Byers was predatory, but did nothing about it.

Also suing is the family of another boy who says Byers molested him at the community house in South Park during the picnic outing of an unnamed church group in July of 2008.

The victim's mother said she called the daycare to warn them, but that Tender Care ignored her warnings.

"And said, 'Hey, Tender Care. Listen. This guy's a predator. He did something bad to my son,'" Rabner said. "Well they say, 'Well, there were no charges filed.'

"OK, it wouldn't have been hard for Tender Care to be on notice. People pay for their children to be there to be protected, to be safe," Rabner added.

Tender Care, which has said it conducted background checks on Byers, issued the following statement.

"Tender Care 100 percent denies knowing of any complaints regarding the arrested individual prior to his initial arrest. We are working with the police and all parties involved to uncover the truth and to enable justice to proceed. Our focus is on caring for the children we serve and working with their parents to ensure their safety."

The families are seeking damages.

"You can't wave a magic wand and make these children all better," Rabner said. "This isn't a broken leg or a broken arm that heals and they go on like nothing happened. These are scars that these children will have for the rest of their lives."

Police are seeking out other organizations where Byers may have worked prior to or during his time at Tender Care, trying to determine just how far this predatory spree may have gone.

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