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Wimer pig farmer might play active role in her double murder trial ... Cougar seen in Ashland's Lithia Park ... Study analyzes how the Northwest would escape a massive tsunami ... Wimer pig farmer might play active role in her double murder trial ... Cougar seen in Ashland's Lithia Park ... A parent's nightmare, a child's struggle Near-drowning puts pool-safety issues at the forefront The call from day camp sent a wave of shock and fear through Cathy Pearson — her 3-year-old daughter, Cloey, had been pulled unconscious and not breathing from the pool at America's Best Kids. Comment By anita burke MailTribune.com By anita burke Posted Aug. 10, 2007 at 12:01 AM By anita burke Posted Aug. 10, 2007 at 12:01 AM Officials examine America's Best Kids certifica... --> Cloey Pearson's near-drowning incident prompted the Child Care Division of the state's Employment Department to review and update America's Best Kids certification. The center's after-school and... » Read more X Officials examine America's Best Kids certification Cloey Pearson's near-drowning incident prompted the Child Care Division of the state's Employment Department to review and update America's Best Kids certification. The center's after-school and preschool programs are certified by the state, but activity programs, such as gymnastics, karate or dance classes, swimming lessons and day camps, aren't required to be certified, explained John Thompson, the child care division's regional manager in Medford. ABK was increasingly offering a mix of certified care and uncertified activities during the summer, although it was authorized to offer certified care only during the school year, Thompson said. The division amended ABK's certification to better reflect the level of service provided year-round, he said. "They had just evolved without knowing they had to change some of the paperwork," Thompson said, noting that complex programs at athletic clubs often run into such problems. "These people run a good program and were operating in good faith." ABK owner Don Berryessa said he maintained state standards for certification in all his programs year-round, so the technical change won't bring significant changes in ABK's operation. » Social News The call from day camp sent a wave of shock and fear through Cathy Pearson — her 3-year-old daughter, Cloey, had been pulled unconscious and not breathing from the pool at America's Best Kids. The accident prompted a passel of medical tests for the resuscitated toddler and a string of investigations into the popular recreation center commonly called ABK. Now, more than five weeks after the incident, the Pearson family is still awaiting the final word on Cloey's prognosis. Investigators found no criminal negligence at America's Best Kids, and, indeed, that the center complies with all laws regarding pool safety and even exceeds Red Cross lifeguarding standards. "Her experience was haunting me," Pearson said. "It's constantly in my mind now around water — how would I keep my kids safe?" How to keep kids safe is a question that runs through the mind of America's Best Kids' owner, Don Berryessa, too. Although he is confident in his center's policies — many dictated by state regulations — and their implementation, Berryessa and his employees have had safety meetings to evaluate what happened and how to avoid close calls like the one Cloey had Friday, June 29. Cloey was swimming as part of a preschool summer camp at ABK, at 1914 Skypark Drive. At the end of swim time, the children were told to get out of the pool and line up against the wall until everyone was out of the water, the Medford police report on the near-drowning said. The lifeguard who was in the pool with the youngsters told police that she saw Cloey, on the pool deck, take off her life jacket and get a towel. The lifeguard turned her attention to the children still in the pool, the report said. A surveillance video shows Cloey climbing a small, yellow slide and sliding into the water unnoticed, the report said. A 5 year-old boy refused to leave the water and pointed to Cloey, lying motionless on the bottom of the pool. The counter on the security video indicated that Cloey was in the water about 70 seconds, the police report said. The lifeguard alerted by the boy immediately pulled Cloey up and took her to the side of the pool, calling for help. The other lifeguard, who had been organizing things around the pool, ran to help. She gave two rescue breaths, two chest compressions and two more rescue breaths, prompting Cloey to cough, spit up water and begin to cry, the report said. Paramedics summoned by a 9-1-1 call took Cloey, who remained lethargic, to the emergency room at Rogue Valley Medical Center. After hearing about the accident, Cathy Pearson and her husband rushed to the hospital from Eagle Point, where they live with their three children and two foster children. "We didn't even know if Cloey was alive," Pearson said. Cloey was alive, but remained in the hospital overnight for observation. She catnapped into the night, then awakened suddenly and seemed "like herself, energetic," and eager to talk about her day at school, her mother said. In the weeks since, Cloey has become anxious about meeting new people and unwilling to be away from her parents — even for church nursery, which she once enjoyed, Pearson said. She's fearful of water, refusing to go in a family friend's pool and resisting baths. "Even I was having thoughts she could drown in the bathtub, so I put hardly any water in it," Pearson said. Cloey wakes in the night crying and her mother also has nightmares. Early Monday, July 2, after a dream about her daughter drowning, Pearson brought Cloey into her bed for comfort. There she witnessed a two-minute seizure that made Cloey stiffen and shake, possibly a result of brain injury from oxygen deprivation, Pearson said. Cloey also has been clumsier since the accident, stumbling and bumping into things, other possible signs of a brain injury, Pearson said. She has undergone CT scans and an electroencephalogram to measure the electrical activity of her brain. A neurologist is set to evaluate her later this month, her mother said. Cloey also is doing play therapy to overcome anxiety. As medical bills mount, Pearson said the family has retained attorney Roy Dwyer to deal with ABK's insurance company, but hasn't filed a civil suit. The police report and a Jackson County District Attorney's Office review concluded there was no criminal case. The police report notes that a Jackson County Health Department environmental health specialist who inspects public pools paid an extra visit to ABK after the incident and found the facility in compliance with all state rules and regulations, as it had been in its previous regular inspection. The health department reported that the Red Cross advises pools to have one lifeguard for every 40 swimmers, but ABK employs one for every 20 swimmers and sometimes has an additional observer poolside. The health department notes included in the police report indicated that older children in the next group of swimmers had entered the pool area before the preschoolers left on the day Cloey nearly drowned. Berryessa denied this, but noted that his lifeguards are now increasingly vigilant about limiting overlap between groups and the number of children in the pool area. He said the facility also is reconsidering when and where children should take off their life jackets. After the accident, ABK tried having kids leave their life jackets on until they exited the pool area, but found that tracked too much water into the hallways, increasing the chance someone could slip and fall, Berryessa said. "You have to manage risk," he said. From ABK's staff safety meetings to the police investigation, careful examination of accidents are important, Berryessa said. "These investigations are their job and ours," he said. "When you are dealing with children, you have a certain social responsibility." Reach reporter Anita Burke at 776-4485, or e-mail [email protected]. By anita burke MailTribune.com By anita burke Posted Aug. 10, 2007 at 12:01 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. 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