More Legal Trouble For Former Avon Daycare Over Child Sex Assault Allegations

AVON, CT — Two additional lawsuits have been filed in Hartford Superior Court against the operators of the now-closed BrightPath Avon child care center over allegations tied to a former employee charged with sexually assaulting children at the facility.

The lawsuits, filed Monday, May 11, were brought on behalf of two minor children identified in court documents as “John Roe #2” and “John Roe #3” through their parents.

The complaint names Educational Play Care Ltd. and Busy Bees US Holdings Limited as defendants, and they were filed by Hartford-based attorney Eric Schoenberg of the Freeman Law Firm.

The lawsuits allege the companies failed to properly supervise children, monitor employees, and respond to warning signs involving former employee Jan Carlos Berrios-Otero, 29, of Avon.

According to the complaints, Berrios-Otero was employed at BrightPath Avon as a teacher or child care provider and allegedly engaged in “sexually assaultive, abusive, harmful, assaultive, and/or sexually inappropriate conduct involving multiple minors attending BrightPath Avon, including the plaintiff.”

The suits allege the defendants failed to maintain a safe environment, properly supervise children during classroom activities, toileting, transitions, and nap time, and failed to adequately hire, screen, train, and supervise employees.

The plaintiffs further allege the companies failed to act on “prior complaints, observations, suspicious conduct, unsafe supervision, staff concerns, parent concerns, behavioral changes, and/or other red flags” involving Berrios-Otero.

The lawsuits also allege that employees who reported inappropriate conduct involving Berrios-Otero faced retaliation.

The complaints reference alleged “inappropriate sexualized behavior including, but not limited to, kissing, excessive physical contact with minors, and use of inappropriate sexually charged language with children enrolled in BrightPath Avon.”

Both lawsuits seek monetary damages for alleged physical, emotional, psychological, and developmental injuries, along with costs for counseling, therapy, and medical treatment.

These two lawsuits bring the total count of legal actions against BrightPath to three, with the parents of another child allegedly abused at the Avon site filing suit last month.

According to Avon police, officers responded on March 31 to the BrightPath Avon Early Learning and Child Care Center at 144 Simsbury Road after an administrator reported suspected inappropriate contact between a staff member and a child the previous day.

Police arrested Berrios-Otero, 29, of Avon, on April 1.

He initially was charged with risk of injury to a minor and fourth-degree sexual assault. Investigators later filed additional charges tied to six alleged incidents involving five children.

Authorities said Berrios-Otero now faces multiple counts of fourth-degree sexual assault, risk of injury to a minor, and aggravated sexual assault of a minor because several alleged victims were younger than 13.

Court records show he remains held on a combined $4 million bond and is scheduled to appear June 23 in Litchfield Superior Court.

In a letter sent to families on May 12, BrightPath said Berrios-Otero began working at the Avon center in January 2022 and also worked temporary shifts at locations in Simsbury, Windsor and West Hartford.

The company said it reviewed records from its Connecticut locations and found “no known allegations, complaints, or incidents” tied to those temporary assignments.

BrightPath closed its Avon facility on Simsbury Road on May 22, citing recent “disruptions” and stating the decision was made with families in mind.

From May 13: 'Avon Daycare Clarifies Sex Assault Suspect's Prior Assignments, Defends Hiring Practices: UPDATE'

From May 8: 'Ex-Preschool Worker Charged In Avon Child Abuse Case Worked At 3 Other Sites: Company'

From April 24: 'Police: Avon Daycare Worker Accused Of Sexually Assaulting 5 Children: UPDATE'

From April 23: 'Avon Child Care Center Announces Closure Following Abuse Allegations, Lawsuit'

From April 9: 'Avon Daycare Sued Over Allegations 3-Year-Old Was Abused: Court.'

From April 1: 'Avon Preschool Employee Accused Of 'Inappropriate Contact:' Police'