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Class-Action Lawsuit Filed Against Tender Care In Scott Township

PITTSBURGH,None — A class-action lawsuit has been filed against Tender Care Learning Center in Scott Township, claiming it failed to protect a 9-year-old victim from sexual assault.

"Tender Care is an agency that you're hiring as a day care. One of their selling points is they're going to protect your child, teach your child and take care of your child," said attorney Monte Rabner, who filed the suit.

Tender Care emailed Channel 11, insisting the allegations against Tender Care in the lawsuit are not true.

Matthew Keith Byars, 25, was arrested this month on allegations he videotaped inappropriate contact with a boy he met at Tender Care.

Byars was initially released on bond, but authorities filed additional charges, saying the man had sexually abused four other boys. Byars is being held at the Allegheny County Jail.

Police said three of the victims said they were assaulted multiple times over the last several years.

According to the complaint, Byars was accused of fondling a boy at the day care.

He was also accused of fondling a boy near the pulpit under a large cross at a church where he taught Bible study.

According to the complaint, Byars also showed children X-rated videos, offered to buy them gifts, bought them tobacco products and took pictures and videos of them.

Day care officials said Byars had passed state background checks when he was hired in 2007.

Tender Care released this statement earlier this month:

"All of us at Tender Care Learning Centers are deeply saddened by the news of additional charges against one of our teachers at our center in Scott Township. We are working closely with the police and all parties involved in the investigation to uncover the truth and to enable justice to proceed.

"We will be communicating regularly with our parents directly during this investigation. We ask the community to support the children we care for and their parents -- by respecting their privacy during this difficult time.

"Our primary focus is the safety of our students. We have extensive policies and procedures in place to insure that safety and we have followed them in this difficult situation.

"All of our employees must have required clearances before they are hired, including Department of Public Welfare Child Abuse clearances and Commonwealth of Pennsylvania criminal record background clearance. When this teacher was hired in 2007, his clearances showed no prior violations of any kind.

"This employee was suspended immediately, in keeping with our policies and procedures. It is the job of the police and the legal system to determine the outcome of these charges. It is our job to care for the children we serve and to work with their parents to ensure their safety. We will continue to do so as the legal process takes its course."

Previous Stories: July 12, 2011: Day Care Worker Accused Of Taking Nude Photos Of Boy

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