A daycare teacher in Reston, Virginia, was arrested after police say he pulled a 3-year-old boy’s hair and pushed his head into a basket and to the ground. Jaspal Bharaj, 61, a teacher at Bright Horizons Daycare, was charged with assault and battery and released on a summons. The incident was reported on Aug. 7 at the daycare located at 11400 Commerce Park Drive. Read the original article.
While this incident happened in Virginia, New York daycare providers face the same kind of legal exposure. A single act of physical discipline can trigger criminal charges, licensing investigations, and civil liability. In New York, daycare owners and staff must follow strict regulations from the Office of Children and Family Services (OCFS) and, in New York City, the Department of Health and Mental Hygiene (DOHMH). Understanding these rules can help you avoid a crisis that could shut down your program.
What Are the Legal Risks?
When a caregiver uses physical force against a child, the consequences go far beyond a criminal charge. In New York, the same conduct can lead to an emergency license suspension, revocation, or denial of renewal. It can also expose your business to lawsuits for negligence, emotional distress, and punitive damages. Even one unprofessional act by a staff member can put your entire daycare at risk.
OCFS Part 416: Family Day Care Regulations
For family day care homes, OCFS Part 416 sets the standards. Several sections directly address the type of behavior alleged in the Virginia incident:
- Section 416.3 requires that caregivers be suitable, capable, and of good character. A caregiver who pulls a child’s hair and pushes his head clearly fails this standard.
- Section 416.4 prohibits corporal punishment and requires that discipline be constructive, consistent, and appropriate to the child’s level of understanding. Physical force is not allowed.
- Section 416.5 requires that children be protected from harm and that the environment be safe and free from hazards. Rough handling is a direct violation.
If this happened in a New York family day care home, OCFS could immediately suspend the license and begin revocation proceedings.
OCFS Part 418-1: Group Family Day Care Regulations
For group family day care providers, OCFS Part 418-1 contains similar requirements:
- Section 418-1.3 requires that all caregivers be suitable and free from any history of abuse or neglect. A criminal charge for assaulting a child would raise serious red flags.
- Section 418-1.4 mandates that programs provide positive guidance and never use harsh or degrading discipline. Pulling hair and pushing a child’s head into a basket is exactly the kind of conduct this rule prohibits.
- Section 418-1.5 requires that children be under adequate supervision and that the premises be maintained to prevent injury. This incident shows a clear failure to protect a child in care.
An emergency suspension under Part 418-1 could happen quickly, leaving you without a license while you fight to get your program back.
DOHMH Article 47: New York City Day Care Regulations
If your daycare is in New York City, the DOHMH Health Code Article 47 applies. The alleged conduct would violate multiple sections:
- Section 47.13 requires that children be under adequate supervision at all times. A caregiver who assaults a child is not providing supervision.
- Section 47.17 specifically prohibits corporal punishment, rough handling, and any action that could cause physical or emotional harm. This section is a direct match for the reported behavior.
- Section 47.21 requires that staff be of good moral character and not pose a risk to children. A criminal charge for assault and battery would put that character into question.
DOHMH can issue violations, impose civil penalties, or order a daycare to close immediately. In serious cases, they can also revoke your license.
How to Protect Your Daycare
No daycare owner wants to imagine a staff member harming a child. But being proactive is the best defense. Train your staff on positive discipline techniques, create clear policies that prohibit physical punishment, and document every incident that involves any use of force. If a parent reports a concern, take it seriously and cooperate fully with investigators.
If you are facing an investigation, license suspension, or revocation related to staff misconduct, you need an experienced daycare defense attorney on your side. The Law Office of Gregory P. Mouton, Jr., LLC helps daycare owners across New York protect their licenses, their reputations, and their livelihoods. Contact us today for a consultation and let us help you navigate the legal challenges ahead.
