Two toddlers were found wandering alone near a street in Willow Springs after they slipped out of a daycare through an open gate. The children, both about two years old, were missing for roughly 30 minutes before a parent arrived and realized they were gone. A resident had already found the children and kept them safe until police arrived. The daycare employee and the owner were both charged with second-degree endangering the welfare of a child. Investigators reported that the outdoor gate was secured only with a carabiner, and the employee was supervising about 10 children at the time. Link to original article
This incident is a serious wake-up call for daycare owners and workers in New York. While it happened in Missouri, the same risks exist here. When a child leaves a daycare facility unsupervised, the consequences can be devastating: criminal charges, civil lawsuits, and licensing actions such as suspension or revocation. In New York, both the Office of Children and Family Services (OCFS) and the New York City Department of Health and Mental Hygiene (DOHMH) have strict regulations designed to prevent exactly this type of situation. A single lapse in supervision or an unsecured gate can put your entire daycare career at risk.
OCFS Part 416 Regulations for Day Care Centers
For day care centers regulated by OCFS, several sections of Part 416 are likely implicated in a situation like this:
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Supervision Requirements (Part 416.5): This section requires that children be constantly supervised by qualified staff. Staff-to-child ratios must be maintained at all times. In this incident, one employee was supervising 10 two-year-olds, which may have exceeded the allowable ratio. The children were also not directly supervised when they left through the gate, and staff did not notice their absence for 30 minutes.
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Buildings and Equipment (Part 416.8): This section requires that the day care center’s physical environment, including outdoor play areas, be safe and secure. Fences and gates must be designed to prevent children from leaving the premises. A carabiner is not a secure locking mechanism and would likely be considered a violation of this requirement.
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Safety Requirements (Part 416.9): This section requires that the center take all reasonable steps to protect children from hazards. An unsecured gate that allows toddlers to wander into the street is a serious safety hazard.
OCFS Part 418-1 Regulations for Group Family Day Care
For providers operating under Part 418-1 (group family day care), similar requirements apply:
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Staffing and Supervision (Part 418-1.5): This section requires that children be supervised at all times and that the provider maintain proper staff-to-child ratios. The failure to notice two children leaving the play area for 30 minutes is a clear violation.
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Buildings and Equipment (Part 418-1.8): This section requires that the day care home be maintained in a safe and secure condition. Outdoor play areas must be enclosed by a fence or barrier that prevents children from exiting without staff assistance.
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Safety and Security (Part 418-1.9): This section requires that the premises be free from hazards. An open gate secured with a carabiner creates an unreasonable risk of injury or abduction.
DOHMH Article 47 Regulations for New York City Day Care Centers
In New York City, day care centers are regulated by DOHMH under Article 47 of the Health Code. The following sections are relevant:
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Supervision (Section 47.13): This section requires that children be under the direct supervision of staff at all times. Staff must be positioned and trained to prevent children from wandering off.
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Buildings and Equipment (Section 47.21): This section requires that day care centers maintain their facilities in a safe condition, including secure fencing around outdoor play areas.
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Outdoor Play Areas (Section 47.23): This section specifically requires that outdoor play areas be enclosed by a fence or barrier with gates that are securely latched. A carabiner is not an acceptable latch, and the failure to secure the gate would be a violation.
What Daycare Owners and Workers Should Do
This incident is a reminder to review your supervision policies, inspect your outdoor play areas, and make sure that all gates and fences are properly secured. Even a brief lapse in supervision can lead to criminal charges, licensing actions, and the end of your daycare career.
If you are facing an investigation by OCFS or DOHMH, or if you have already been cited for a violation, contact an experienced daycare defense attorney immediately. A knowledgeable daycare lawyer can help you respond to regulators, protect your license, and defend against criminal charges. Whether you need a daycare revocation attorney or a daycare suspension attorney, early intervention is critical.
Conclusion
The safety of children in your care is your top priority. But accidents happen, and when they do, you need a strong legal defense. The Law Office of Gregory P. Mouton, Jr., LLC represents daycare owners and workers across New York. If you are facing a licensing complaint, a suspension, or a revocation proceeding, contact us today for a consultation.
