COPPER MOUNTAIN, Colo.-
No criminal charges will be filed against employees of a day care at Copper Mountain Resort who exercised “poor judgment” but not child abuse, District Attorney Mark Hurlbert said Tuesday.
The Pumpkin Patch Day Care Center still must work with the Colorado Department of Human Services to determine whether its license can be reissued, department spokeswoman Liz McDonough said.
The department said earlier this month it closed the center over allegations that staff photographed babies in sexual poses, with one child shown with a cigarette.
Summit County sheriff’s officials and Hurlbert’s office determined most of the allegations were unfounded, sheriff’s officials said.
The photographs, taken with a mobile phone, were of an unlit cigarette being held in front of an infant’s mouth and of bare buttocks in a photo not considered sexually explicit, sheriff’s officials said.
The photos were deleted the same day, sheriff’s officials said.
Though there were gossip magazines in the infant room, none were pornographic.
“Although their behavior is offensive, there is no evidence that the photographs were sexually suggestive or taken for sexual gratification,” Hurlbert said in a written statement.
He also said there was no evidence of physical injuries. “Therefore, their poor judgment does not amount to criminal behavior,” Hurlbert said.
McDonough said child care workers are held to a higher standard, and the department also had issues with how the ski area initially handled the allegation.
“The fact they did not press charges does not really alter our findings,” McDonough said. “We and the county substantiated that abuse and neglect had occurred.”
Copper Mountain said it was pleased with the decision not to file charges. “The health, safety and welfare of children has been the focus of our attention and will continue to be of the highest importance,” the statement said.
