A childcare worker has been handed a suspended prison sentence for assaulting a non-verbal, autistic child at a south-east Queensland centre.
Ronelle Peralta, 31, was initially facing one count of assault occasioning bodily harm, but prosecutors last week downgraded the charge to common assault – to which he pleaded guilty.
The incident, which left the girl’s parents distressed, happened earlier this year at an AEIOU centre.
The incident happened at an AEIOU centre in south-east Queensland earlier this year. (ABC News: Brigham Edgar)
The not-for-profit organisation provides an early intervention service for children with autism.
Peralta no longer works for AEIOU, the company confirmed in a statement this week.
On Friday, Richlands Magistrates Court heard Peralta, who was a room leader at the centre at the time, had picked up a child who he said was having an “emotional outburst”.
Magistrate Michael Quinn said there was “zero tolerance in the community for this type of conduct”. (ABC News)
After a few minutes, he carried that child over to where the girl was playing alone.
Police Prosecutor Sergeant Min Hu said Peralta was standing near the young girl when he gripped onto the leg of the child he was holding and swung it into the girl’s head and her back “approximately five times”.
“CCTV footage shows the victim’s head and body move forwards into a bench she was standing in front of,” he said.
“The victim turned her head in response to the assault, however, continued playing”.
The court heard Peralta was immediately stood down after other staff members reviewed the CCTV footage, and an internal investigation was launched.
Ronelle Peralta faced Richlands Magistrates Court on Friday. (ABC News)
Parents reported matter to police
The centre told the child’s parents, who reported the matter to police.
Peralta admitted to police he had picked up the child, and swung their foot, but said he did not intend to harm the girl, Sergeant Hu said.
“He stated he did it because he was attempting to redirect the child’s behaviour by distracting him with stimulation to his legs,” he said.
“The defendant was unable to provide a clear explanation as to how the tactic would have been effective.”
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Peralta’s lawyer Aurora Porras argued her client, who was born in the Philippines, had no intention of harming the other child.
Magistrate Michael Quinn, who watched the CCTV footage of the assault, said he was satisfied Peralta took hold of the child’s leg and used it to hit the girl.
“It was not of a significant force, but was forceful enough for the child to feel it,” he said.
He said it was a “serious example” of this type of offence .
“You abused your position, you used the [child’s] leg — for some unknown reason — to hit that other child who was also very vulnerable and in need of great protection,” he said.
“There is zero tolerance in the community for this type of conduct.”
The centre told the child’s parents about the incident, who reported the matter to police. (Supplied: Adobe)
‘Absolute nonsense’
Magistrate Quinn rubbished Peralta’s explanation for the incident.
“I’m told it was some sort of strategy you used yourself, it is not condoned, it is not taught I’m told, but it is something you use back in the Philippines apparently,” he said.
“In my view, you saying that this was a method to calm down the child is an absolute nonsense and is merely you trying to justify the totally unjustifiable action that you took on that particular day.
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“I cannot, and I doubt if any member of the community would, imagine any set of circumstances where a person such as you, in a position of authority and trust, would do that to the most vulnerable people in our community.”
Magistrate Quinn said he was satisfied that “violence was used” and, therefore, jail was not a last resort for Peralta.
“Following these proceedings, I would also assume you would have no chance of receiving any sort of blue card or clearance to work in any way or any fashion in relation to schools or dealing with children,” he said.
Peralta was sentenced to two months in prison, suspended for 15 months.
In sentencing him, Magistrate Quinn took into account his timely plea of guilty, his lack of criminal history, his cooperation with police, and “that he has lost his job as a consequence of the charge”.
AEIOU provides an early intervention service for children with autism. (ABC News: Lucas Hill)
Father says he ‘died inside’ when child care called
The girl’s father told the ABC he felt like he “died inside” when he got the phone call earlier this year to say an educator had “used legs to kick” his daughter.
“All I remember is us rushing to the daycare after that,” he said.
“When we walked through the doors of the daycare, he was walking out.
“At that time we didn’t know he had done it. It made me even more furious.”How to talk to your kids about body safety, boundaries and consent
He said his daughter was “okay at the time,” but she had an “extremely high” pain threshold.
The father said authorities didn’t give him the heads up that the sentence was happening, so he missed out on the opportunity to attend court.
“It’s disconcerting,” he said.
He said the penalty was “better than I expected, but not as good as what I wished the system would do”.
He was hopeful Peralta wouldn’t be issued a blue card again.
Peralta no longer employed at AEIOU
In a statement to the ABC, AEIOU Foundation CEO Alan Smith said the company takes the “safety and wellbeing” of children in its care extremely seriously.
He said the AEIOU Foundation had cooperated “fully and transparently” with all authorities and Peralta was no longer employed by them.
“AEIOU Foundation cannot comment on confidential employment processes undertaken, or outcomes, but confirms that immediate action was taken in relation to this matter including internal processes and notification to external authorities in line with our legal and ethical obligations,” he said.
He said the case had been referred to the state’s Department of Education.
The case has been referred to the Department of Education. (Supplied: Adobe)
Asked about the case, a spokesman for the department said there was an “open investigation” and the regulator was aware of the matter.
It was unable to comment further, saying only: “the safety and protection of all children in Queensland early childhood education and care services is always our number one priority”.
The department said an extra $12.7 million in the 2025-26 budget would go towards bolstering the regulatory authority “to ensure more officers on the ground, visiting services and monitoring safety”.
A Department of Justice spokesman said the department was unable to comment on an individual’s blue card status.