Our client was faced with a revocation and denial of her group family daycare (GFDC) license by the New York State Office of Children and Family Services (OCFS).
On the date in question, OCFS alleged that the GFDC provider and her four assistants, one of whom is her daughter, were present in the daycare with eight children during a license renewal inspection. The OCFS inspector alleged that during the inspection, she pointed out and attempted to address several supposed safety violation when the daycare provider yelled profanity and then her daughter physically assaulted the inspector before forcing the inspector out of the daycare. The inspector also stated that there were four infants sleeping in high chairs, against regulations.
Following the inspection, the program was also hit with violations that included failing to submit a complete license renewal package.
Our client was sent an enforcement letter revoking her license and denying her renewal license. The violations included Section 413.3(c)(1), 416.2(d)(7), 416.7(i), 416.15(a)(1)(ii), 416.15(b)(4), 416.15(b)(10)(ii), 416.15(b)(10)(v), 416.15(b)(10)(vi), and 416.15(b)(13).
This case went all the way to trial. We aggressively defended our client and, during the mid-point of the trial, OCFS withdrew and dismissed the case against the daycare provider. The reason for this dismissal is that, generally, an employer is not liable for acts of employees, such as assault and battery, that fall outside the scope of the employee’s job duties. This is because the employer, generally, has not retained the employee to provide such services. Therefore, the employer could not have known that the employer would take such actions. This legal principal, based on legal research by our firm, was a severe impediment to OCFS proving their case.
If you are faced with a license revocation or license suspension, contact Law Office of Gregory P. Mouton, Jr. Gregory Mouton is a daycare license defense attorney who has helped over 600+ daycare and childcare clients when OCFS overreaches. Contact us at daycare@moutonlawnyc.com or (646) 706-7481.
