Understanding the Incident: A Daycare Worker’s Aggressive Actions Toward a Toddler

In a distressing case, a 45-year-old daycare worker named Brenda Rae Perez was charged with injury to a child, a third-degree felony, after surveillance video captured her aggressively handling a 1-year-old boy who resisted naptime. The footage showed Perez pulling the child by his arms, legs, and torso, forcing him face-down onto a floor mat, pushing his head down repeatedly, and striking him on the forehead with an open hand. The child’s mother later noticed visible injuries on his legs and under his chin. Perez reportedly apologized, acknowledging the harm caused. The daycare involved defended the incident as isolated, though a prior report of improper treatment in June 2025 led to another employee’s termination. Read the full article here.

Legal Aspects of Child Injury Incidents in Daycare Settings

As experienced daycare attorneys at the Law Office of Gregory P. Mouton, Jr., LLC, we often see how quickly isolated incidents like this can escalate into serious legal challenges for daycare owners and operators in New York. While this event occurred outside our state, it serves as a stark reminder of the vulnerabilities in childcare environments. Legally, such actions can trigger criminal charges, as seen here with the felony indictment, but for daycare businesses, the fallout extends to regulatory scrutiny from bodies like the New York State Office of Children and Family Services (OCFS) and the Department of Health and Mental Hygiene (DOHMH).

In New York, daycare defense attorneys frequently handle cases where physical mishandling leads to investigations, potential license suspensions, or revocations. Owners may face civil liabilities, including lawsuits from parents for negligence or emotional distress. Criminal proceedings against staff can implicate the facility if supervision lapses are found, emphasizing the need for robust training, surveillance, and incident response protocols. Early intervention by a skilled daycare lawyer can mitigate damages, preserve operations, and protect reputations.

Potential Violations of OCFS Part 416 Regulations

OCFS Part 416 governs group family day care in New York, focusing on smaller home-based settings. This incident highlights several potential breaches that could apply if similar events occurred in a New York group family daycare:

Section 416.8 (Supervision of Children): Providers must ensure constant, appropriate supervision to prevent harm. Aggressively pulling or striking a child during naptime violates this by failing to use gentle, age-appropriate methods, potentially endangering the toddler’s safety.
Section 416.15 (Behavior and Discipline): Corporal punishment, including hitting or forceful restraint, is strictly prohibited. The open-hand strike to the forehead and head-pushing directly contravene rules against physical force, mandating positive guidance instead.
Section 416.4 (Physical Environment): The setting must be safe and free from hazards. Forcing a child face-down aggressively could be seen as creating an unsafe naptime environment, especially if it leads to injuries.

These violations could prompt OCFS to issue citations, impose fines, or initiate revocation proceedings, underscoring the importance of compliance training for daycare workers.

Potential Violations of OCFS Part 418-1 Regulations

For larger daycare centers regulated under OCFS Part 418-1, the incident raises concerns about scaled operations where oversight is critical. Key sections potentially implicated include:

Section 418-1.8 (Supervision of Children): Similar to Part 416, this requires vigilant supervision tailored to children’s ages. The aggressive handling during a routine activity like naptime breaches the duty to protect infants from harm through non-violent means.
Section 418-1.15 (Behavior Management): Prohibits any form of abuse or maltreatment, including physical aggression. The documented striking and forceful positioning clearly violate these standards, which emphasize de-escalation and supportive techniques.
Section 418-1.11 (Guidance and Discipline): Staff must use only approved, non-punitive methods. Incidents like this could lead to findings of inadequate staff training, triggering mandatory corrective actions or license suspension.

Daycare defense lawyers in New York help operators navigate these regulations during investigations to avoid long-term operational disruptions.

Potential Violations of DOHMH Article 47 Regulations

In New York City, DOHMH Article 47 oversees child care programs, with a strong emphasis on health and safety. This case could mirror violations in NYC facilities as follows:

Section 47.19 (Supervision): Requires direct, continuous oversight to safeguard children. The worker’s aggressive actions without intervention suggest a supervision failure, potentially endangering the child’s well-being during vulnerable moments like naptime.
Section 47.25 (Discipline and Guidance): Explicitly bans corporal punishment and any physical force. Hitting the child and restraining him forcefully directly contravenes these protections, which prioritize emotional and developmental support.
Section 47.11 (Staff Qualifications and Training): Programs must ensure staff are trained in child development and abuse prevention. A prior incident at the facility hints at possible lapses in ongoing training, which DOHMH could cite in enforcement actions.

Violations here often result in DOHMH inspections, permit revocations, or closures, making it essential for NYC daycare owners to consult a daycare revocation attorney promptly.

Conclusion: Protecting Your Daycare from Similar Risks

Incidents like this underscore the high stakes in childcare, where one lapse can lead to criminal charges, regulatory actions, and business threats. At the Law Office of Gregory P. Mouton, Jr., LLC, our team of dedicated daycare defense attorneys in New York stands ready to support owners facing OCFS or DOHMH investigations. Whether it’s defending against suspensions or guiding compliance, we’re here to help safeguard your livelihood. Contact us today for a confidential consultation to discuss how we can assist your daycare.