Child care center cited 11 times in Bernalillo County before infant's death

A one-year-old boy died at a state-sponsored child care center in Tijeras after the facility received multiple safety citations for sanitation and staffing violations.

Micah Tran died inside the New Mexico Early Learning Academy. His family has filed a civil wrongful death lawsuit against the center's owners, Crystal and Ricardo Romero. The suit claims the couple ignored repeated warnings about health and safety issues that could have prevented the infant's death.

Former employees Daisy Gutierrez, Angela Barela, and Nataly Booth stated they alerted the Romeros to specific problems before the incident. Gutierrez resigned four months before Tran choked to death. The group pointed to moldy water cups and dark marks on infants' feet as evidence of poor cleaning standards.

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

State records show the provider received 11 citations in 2026 at three Bernalillo County locations. The violations included issues with sanitation, maintenance, and housekeeping. Inspections also flagged overcrowded classrooms three times last year. At the Tijeras location where Tran died, staff placed 18 children in a single classroom twice. State rules limit infant and toddler rooms to 12 children and require one teacher for every six kids. Barela said she worked at a ratio of 1:13 for two weeks.

Department Secretary Elizabeth Groginsky told the investigation that the agency balances enforcement with the need to keep children in care. "I think it's again that balance. I mean, Tijeras is serving a large number of children. We could close the whole center down," Groginsky said. "And then we could potentially, you know, put other children and families in difficult situations."

Records obtained from the department include reports of children left in spoiled diapers, injuries, and kids playing in snow without jackets. One investigation found a stack of inspection reports that staff never gave to parents or the state during a personnel change. Groginsky stated that the agency investigates every complaint thoroughly and noted that a specific former employee is no longer on the advisory council.

Bernalillo County sheriff's deputies have not filed criminal charges in Tran's death. This week, the Early Learning Academy sent parents a message announcing a new monthly menu with age-appropriate food. Former employees and an old menu indicate that six-month-olds had been fed nachos and carrot sticks. The Romeros did not respond to repeated requests for comment.