Summary of the Incident
In a tragic case out of Perry, Iowa, a 20-year-old daycare employee was arrested and charged with first-degree murder after allegedly giving birth inside the daycare facility and placing the newborn in a trash bag. The baby, born at approximately 32–36 weeks’ gestation, was found dead. According to the criminal complaint, the employee admitted to intentionally injuring the infant’s face to stop her crying and then intended to return to work before heavy bleeding intervened. Read the original article
Legal Implications for Daycare Owners
This incident is a stark reminder that daycare facilities are held to the highest standards of care. Even when an employee’s actions are criminal and unforeseeable, regulators will scrutinize the facility’s policies, training, and supervision. In New York, day care centers and family day care homes are subject to strict regulations under the Office of Children and Family Services (OCFS) and, in New York City, the Department of Health and Mental Hygiene (DOHMH). If a similar incident occurred in New York, the facility could face serious regulatory consequences, including license suspension or revocation.
Potential OCFS Part 416 Violations (Day Care Centers)
Part 416 of the OCFS regulations applies to day care centers. Several sections may have been implicated:
- 416.5 – Personnel: Requires that all staff be suitable for child care and of good character. An employee who commits such an act demonstrates unsuitability for the role.
- 416.6 – Supervision: Mandates that children are adequately supervised at all times. A facility that fails to notice a newborn in a trash bag may be seen as failing to maintain proper oversight.
- 416.8 – Health: Requires facilities to maintain policies that protect the health and safety of children and staff. This includes having protocols for medical emergencies and ensuring staff are physically and mentally fit for duty.
- 416.10 – Safety: Requires the facility to be free from hazards. A deceased infant on the premises is a clear safety and health hazard.
- 416.13 – Child abuse and neglect: Requires facilities to have policies to prevent and report child abuse. The employee’s actions constitute severe child abuse, and the facility may be cited for failing to prevent or detect it.
Potential OCFS Part 418-1 Violations (Family Day Care)
For home-based family day care providers, Part 418-1 imposes similar obligations:
- 418-1.5 – Personnel: Requires the provider and any assistants to be suitable and capable of caring for children.
- 418-1.6 – Supervision: Requires constant supervision of children in care.
- 418-1.8 – Health: Requires providers to maintain a healthy environment and to exclude anyone with a communicable disease or condition that could pose a risk.
- 418-1.10 – Safety: Requires a safe, hazard-free environment.
- 418-1.13 – Child abuse and neglect: Requires providers to have written policies to prevent child abuse and to report suspected abuse.
Potential DOHMH Article 47 Violations (New York City Day Care Centers)
In New York City, day care centers are regulated under Article 47 of the Health Code. Key sections that could be implicated include:
- §47.07 – Supervision: Requires that children be supervised by qualified staff at all times.
- §47.09 – Personnel: Requires that staff be of good character and physically/mentally fit for duty.
- §47.11 – Health: Requires centers to maintain health policies and to ensure that staff and children are free from conditions that could endanger others.
- §47.13 – Safety: Requires the center to maintain a safe and sanitary environment.
What Daycare Owners Should Do
This tragic case highlights the importance of robust employee screening, clear health and safety policies, and crisis response plans. Daycare owners should review their practices to ensure they are compliant with all applicable regulations and prepared for worst-case scenarios.
If your daycare is facing a regulatory investigation, license suspension, or revocation, you need an experienced daycare defense attorney on your side. The Law Office of Gregory P. Mouton, Jr., LLC is here to help New York daycare owners protect their licenses and their livelihoods. Contact us today for a consultation.
