FOX23 Investigates: Toddler escapes Broken Arrow daycare, found by utility workers near street

BROKEN ARROW, Okla. — Police and the Oklahoma Department of Human Services (DHS) are investigating a Broken Arrow daycare after a toddler escaped and was found by utility workers near the street.

In a FOX23 investigation, Tulsa's Investigative Reporter Janna Clark looked into how the little boy got out and what this could mean for the daycare.

On April 9, Ashley Minton was at home getting everything ready for her third baby to be born when she received a phone call from her son's daycare, ATA Creative Learning Academy.

She was told that her 2-year-old son Waylon had escaped the daycare.

Minton said the person who called was the director of the daycare.

"She had told me that my 2-year-old son had gotten out of the chain link fence on the side of their center," Minton said.

Surveillance video shows Waylon walking around outside in front of the daycare. At one point, he can be seen playing around the fence on the edge of the parking lot.

FOX23 asked Minton if she was told how long Waylon was out there.

"Approximately a couple minutes is what she said to me," Minton said.

Minton said the director told her that two utility workers found Waylon just outside the front of the building and handed him back over the fence.

She said she was told Waylon was safe and to not worry about it.

"They ended up telling me over the phone, they're going to, you know, tighten the fence, and the landlord's gonna come by and fix it," Minton said.

Minton said a daycare worker wrapped a yellow chain around the gate.

"You know, I trusted that," she said.

Two weeks later, after Minton gave birth to baby Ryder, she got another phone call about the daycare, this time from DHS.

She said the story she was told this time was different.

"Telling me kind of a completely different story," Minton said.

By then, DHS had interviewed the two utility workers who found Waylon, Josue Flores and Christopher King.

FOX23 spoke with Flores and King about what happened that day.

They said they were working on security lights, which had taken longer than they'd expected, when they saw what looked like a 2-year-old coming out of the ditch on the road.

In the corner of the surveillance video, you can see their work truck and little Waylon heading their way.

"Went to put the truck in drive and saw what looked like a two year old coming up out of the ditch on the road," Kind said.

"Maybe like two feet away from the actual street," Flores said. "And he was just standing there, and I think he was waving at us too."

FOX23 asked them what they thought when they saw Waylon.

"I just started looking for the parent," King said. "I thought surely a two year old’s not going to be out here alone."

"We were just surprised," Flores said. "We're like, where does this child belong, where did he even come from?"

They said they found Waylon by an industrial road in front of the daycare just off 71st and Elm.

They said the road was busy that day.

Just about a block away from where King and Flores found Waylon, there's a pond.

"He could have started down towards that pond," Minton said. "And then there's the main road 71st and Elm where he could have just gotten hit."

Flores said he put his hand out to Waylon and he gave him his hand.

"He just grabbed his hand and went with us," King said. "And that's kind of concerning because he didn't know us."

Minton expressed her gratitude for Flores and King stopping and helping.

"I couldn't be thankful enough, you know, for the utility workers that had stopped what they were doing, and, you know, took Waylon and returned him back to the facility until I could get there," she said.

King and Flores said after they took Waylon back to the daycare, they pulled their truck around to another parking lot and called DHS to tell them what happened.

"My biggest concern is make sure that the parents found out exactly what happened," King said.

"For me that was negligence," Flores said. "You know, they have to be held accountable for it."

The guys even called DHS back to see how the investigation was going. They found what they told DHS didn’t match the daycare worker’s story.

"She told me the story," Flores said. "I was like, no, that is not what happened."

In the video, it's clear what happened.

For several minutes, Waylon roams around the parking lot and then goes toward the street. That’s when Flores and King find him.

About a minute later, you see King come into view first and then Flores holding Waylon’s hand as they walk toward the daycare. He takes Waylon to the front door, and Waylon goes inside.

"The director had told DHS that the utilities workers just handed my son over the fence, which they didn't tell the right story to DHS, and that's concerning to me," Minton said.

"We did not bring a child over a fence," Flores said. "So he wasn't just right outside."

The surveillance video can be seen here:

The guys said when they knocked on the door, they talked to one of the daycare workers who they said was surprised.

"She looks just as surprised as we do," Flores said.

When the daycare worker asked where they found Waylon, they told her close to the street.

Flores and King said she seemed concerned about what they were going to do, asking questions like if they were going to report what happened.

"She just seemed more concerned about asking questions," King said. "'Who do you guys need to report this to? Are you guys gonna report this?'"

FOX23 asked if they felt like the daycare worker was more concerned about them getting in trouble than about the two-year-old boy.

"Yes," King said.

"I feel like they were more concerned about themselves at that point," he added.

DHS provided the following statement:

“The agency is aware of concerns regarding this program and is currently investigating the allegations.”

A report shows that DHS did an inspection at the daycare seven days later. It says they found what they call a “serious noncompliance” that “a child left (the) playground unattended.” The report said the “plan to correct it:”   “while outside, teachers will be at gated areas to ensure safety and supervision.”

FOX23 asked Minton what it's like being Waylon's mom and thinking about what could've happened.

"It hurts," she said. "I don't know what I would do if if he came up missing."

"If I got a phone call, you know, somebody's saying that 'we can't find your son,' I would be devastated," Minton added.

FOX23 asked the daycare’s owner for an interview, but she said no.

She later sent this text:

“I don’t have any additional information or details to provide to you in regards to my side of the story.”

The daycare’s attorney then sent the following statement:

Minton discussed what she thinks should happen.

"I think somebody needs to really be in trouble for what happened," she said. "I think the center does need to be shut down."

Flores said he wants other parents to be aware of this.

"They weren't fully honest," he said.

The day we did the interview Minton got to meet Flores and King.

She said she just wanted to hug them.

"Without Waylon in this world, it would be a tragedy to me," she said.

"I'm very thankful by the grace of God that, that, you know, he's still here," Minton added.

"It's not me," Flores said. "I'm a believer in God, and I feel like it was God's will, the fact that that light took us for however long."

"It was definitely God’s will and he put us there for a reason that day," he added.

Broken Arrow Police said they’re investigating this too. They said after talking with the District Attorney's Office, they decided to refer it to DHS.

Turns out, DHS came back to the ATA Creative Learning Center on Tuesday.

The daycare got a perfect score of 25 for the 25 areas inspected.