Authorities in Iowa have charged 20-year-old Stephanie Ubaldo with first-degree murder after she allegedly gave birth to a baby girl and then placed the newborn in a trash can outside the daycare center where she worked. The baby was found dead several hours later. Iowa’s Safe Haven Act, which has been in place since 2002, allows parents to surrender infants under 90 days old at hospitals, health care facilities, fire stations, newborn safety devices, or adoption agencies, no questions asked. Had Ubaldo known about or used this option, the outcome could have been very different. Read the original article here.
For daycare owners and workers, this heartbreaking case raises difficult questions about legal responsibility, workplace safety, and regulatory compliance. While this incident occurred in Iowa, New York daycare providers face similar scrutiny under OCFS and DOHMH regulations. Understanding how these rules apply can help you protect the children in your care, and your license.
The Legal Landscape
This case involves both criminal and regulatory implications. Ubaldo now faces first-degree murder charges, and if convicted, she could face life in prison. But the legal impact may not stop with her. Daycare owners can also face civil liability, license investigations, and even revocation proceedings if an employee’s conduct is linked to the facility.
Iowa’s Safe Haven Act was designed to prevent exactly this kind of tragedy. It gives parents a legal, anonymous way to surrender a newborn up to 90 days old. The law exists because some parents are unable to safely care for a baby, and the state would rather see the child placed for adoption than harmed. Education is critical. As this case shows, a lack of awareness can have devastating consequences.
OCFS Part 416: Group Family Day Care Regulations
In New York, OCFS Part 416 applies to group family day care programs. If a similar incident occurred in a group family day care setting, several provisions could be implicated:
- 416.3 – Personnel: Requires providers and staff to be suitable, of good moral character, and free from conditions that could endanger children. An employee charged with murder would plainly fail this standard.
- 416.4 – Supervision: Requires children to be adequately supervised at all times. While the newborn was not a child enrolled in the program, the use of the daycare’s trash area for such an act suggests a breakdown in oversight and environmental control.
- 416.5 – Records: Requires accurate records and incident reporting. A daycare that fails to document or report unusual activity may be cited.
- 416.6 – Physical Environment: Requires the premises to be safe, clean, and free from hazards. A trash can used to dispose of a newborn is a serious health and safety violation.
- 416.7 – Health and Safety: Requires providers to maintain sanitary conditions and prevent injury. This incident would clearly violate those obligations.
OCFS Part 418-1: Day Care Center Regulations
OCFS Part 418-1 applies to day care centers. Similar provisions would come into play:
- 418-1.3 – Personnel: Requires staff to be of good character, suitable for child care, and properly screened.
- 418-1.4 – Supervision: Requires constant, appropriate supervision of children and safe management of the facility.
- 418-1.5 – Records: Requires accurate child records and reporting of incidents to OCFS.
- 418-1.6 – Physical Environment: Requires the facility to be maintained in a safe and sanitary manner.
- 418-1.7 – Health and Safety: Requires infection control, hazard prevention, and prompt response to emergencies.
DOHMH Article 47: New York City Day Care Regulations
If this happened in New York City, the NYC Department of Health and Mental Hygiene (DOHMH) would investigate under Article 47 of the Health Code. Relevant sections include:
- 47.03 – License Required: Facilities must operate under a valid permit and comply with all conditions of that permit.
- 47.05 – Program: Requires day care services to provide care, protection, and supervision that meet children’s needs.
- 47.07 – Personnel: Requires staff to be qualified, of good character, and free from conditions that may harm children.
- 47.09 – Supervision: Requires adequate supervision at all times, including during arrivals, departures, and outdoor activities.
- 47.13 – Physical Plant: Requires the premises to be safe, clean, and free from environmental hazards.
- 47.15 – Health and Safety: Requires facilities to maintain sanitary conditions and take steps to prevent injury and disease.
What Daycare Owners Should Do
This tragic case is a reminder that daycare owners must be proactive. Review your hiring and supervision policies. Train your staff about safe haven laws and emergency procedures. Make sure your facility has clear protocols for reporting unusual behavior or incidents. And if you ever face an OCFS or DOHMH investigation, take it seriously from day one.
No daycare owner wants to imagine this scenario. But regulatory investigations can happen quickly, and the stakes are high. If you are facing an OCFS or DOHMH inquiry, or if you need guidance on daycare compliance, contact the Law Office of Gregory P. Mouton, Jr., LLC today for a consultation. We help daycare owners protect their licenses, their reputations, and the children they serve.
