A Fraser Coast childcare centre has been fined $15,000 after a two-year-old boy suffering from multiple illnesses, including COVID-19, died during nap time.
On Friday, the director of KB Childcare and Early Learning Pty Ltd appeared in the Brisbane Magistrates Court.
Cherie Honhke pleaded guilty, on behalf of the company, to two counts of failing to protect children from harm and hazard likely to cause injury.
A single charge of failure to adequately supervise children was withdrawn.
The court heard that, in July 2022, the toddler was put to sleep by staff at the Little Gems Childcare and Early Learning Centre in Maryborough about midday.
About 2:15pm, when they tried to wake him, he was unresponsive and could not be revived, the court heard.
The childcare centre has been fined $15,000 and ordered to pay the department’s costs. (ABC News: Luke Bowden)
The statement of facts said an autopsy found the child was suffering from multiple viruses at the time, including COVID-19 and an upper respiratory tract infection.
A coroner ruled the boy’s body became “overwhelmed” by the overlapping illnesses, which “proved too much for his respiratory system”.
There was no suggestion that there was any sudden deterioration in his condition, the statement of facts said.
Centre policy ‘wasn’t adhered to’
Anthony Harding, who represented the Department of Education, told the court the centre was not accused of being responsible for causing the death.
He said the charges relate to what the child was wearing when he went to sleep, and how that impacted the ability of staff to monitor his skin colour and breathing.
“The key facts concern the hat and the hooded jumper, being the educators allowing the child to wear those,” he said.
Mr Harding told the court the company dealt with “very young children” who were part of a “vulnerable group of society” and was aware of its obligations.
“They had their own policy which rightly recognised that educators need to be able to adequately monitor sleep and breathing,” he said.
“And that the ability of the educators to do so should not be compromised.”
Cherie Honhke (left) pleaded guilty on behalf of the company to two counts of failing to protect children from harm and hazard which was likely to cause injury. (ABC News: Talissa Siganto)
Defence lawyer Angus Edwards KC told the court staff at the centre “did not follow those procedures” on that day.
“There was a policy in place; it just wasn’t adhered to,” he said.
Mr Edwards told the court, “It wasn’t obvious to anyone how sick he was”, and it was not the case that the boy was not “regularly monitored” during his nap.
“The death of this little boy was a tragedy,” he said.
“Nothing I am about to say … will change the grief and the loss his parents must feel or indeed the sorrow that Ms Hohnke, the director, feels.”
Mr Edwards told the court that, since the boy’s death, the centre had “tightened up policies, procedures and training” and had now banned hooded clothing being worn.
The court heard the centre had been in operation since 2013 and had no prior convictions.
Magistrate Mark Whitbread told the court the child was “totally dependent” on the centre and its staff, but accepted the centre had been “completely responsible” in its conduct since the “unfortunate event”.
In addition to the fine, Magistrate Whitbread ordered the company to pay $1,700 in legal costs.
No conviction was recorded.
The Department of Education says childcare providers have a responsibility to protect children from harm and hazards. (ABC News: Lucas Hill)
In a statement, Little Gems Childcare and Early Learning Centre said its thoughts remained with the little boy’s family.
“While the Coroner’s Report did not find a connection between the clothing worn and the boy’s death, our strict Sleep and Rest Policy was not followed by one of our educators on this day.”
The company said, for more than a decade, “families have trusted children in our care across six centres”.
“That commitment to the highest quality of care continues,” the statement said.
‘Critical requirement’ to protect children
In a statement, the Department of Education said the fine reflected the seriousness of the offences and the “critical requirement” of all providers to ensure “all things reasonably necessary” are done to protect children from harm and hazards.
“Including ensuring staff follow robust sleep and rest policies and procedures based on up-to-date safe sleep guidance,” the statement said.
It said the regulatory authority would continue to work with the early childhood sector to promote safe sleep practices.
“If steps taken by an approved provider to ensure children’s health and safety are inadequate, the Regulatory Authority will not hesitate to take appropriate action,” it said.