On what would have been his 4th birthday on Tuesday, the family of Myles Hill says it's suing the Little Miracles Academy day care where he was found dead earlier this month.

A worker found Myles in the back of a van outside Little Miracles Academy on Monday, Aug. 7. Police say the boy died after spending almost 12 hours in a van at the day care.

Court documents show the family is seeking damages for negligence against the day care; its owner, Audrey Thornton; and the van's driver, Deborah St. Charles.

St. Charles is charged with manslaughter in Hill's death. She remains in the Orange County Jail.

The day care is now shut down.