A Fraser Coast childcare centre has been handed a substantial fine following the tragic death of a two-year-old boy who passed away during his nap time. The centre pleaded guilty to failing to protect children from harm and hazards likely to cause injury, resulting in a $15,000 penalty.
The director of KB Childcare and Early Learning Pty Ltd, Cherie Honhke, appeared in the Brisbane Magistrates Court on Friday and entered a guilty plea on behalf of the company. While a charge of failure to adequately supervise children was withdrawn, the company faced two counts related to the incident.
The court heard that in July 2022, the young toddler was put down for his midday nap at the Little Gems Childcare and Early Learning Centre in Maryborough. Tragically, when staff attempted to wake him around 2:15 PM, he was found to be unresponsive and could not be revived.
Circumstances of the Child’s Death
An autopsy later revealed that the child had been suffering from multiple viral infections at the time of his death, including COVID-19 and an upper respiratory tract infection. A coroner’s inquiry concluded that the boy’s body had been “overwhelmed” by the combination of these illnesses, placing an unbearable strain on his respiratory system. The statement of facts presented to the court indicated there was no suggestion of a sudden deterioration in his condition prior to his passing.
Policy Lapses and Supervision Concerns
Anthony Harding, representing the Department of Education, clarified to the court that the centre was not accused of causing the child’s death. Instead, the charges stemmed from the clothing the child was wearing during his nap, which allegedly hindered staff’s ability to adequately 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,” Mr Harding explained. He emphasised that the company, responsible for “very young children” who are a “vulnerable group of society,” was well aware of its obligations.
The court was informed that the centre had its own policy specifically designed to ensure educators could properly monitor sleeping children’s breathing and sleep patterns, and that this ability should not be compromised.
Defence Arguments and Centre’s Response
Angus Edwards KC, the defence lawyer, acknowledged that the centre’s staff had “not followed those procedures” on the day in question. “There was a policy in place; it just wasn’t adhered to,” he stated. Mr Edwards stressed that the severity of the child’s illness had not been “obvious to anyone” and that the boy had indeed been “regularly monitored” during his nap.
“The death of this little boy was a tragedy,” he remarked, acknowledging the profound grief and loss experienced by the child’s parents and the director.
Following the incident, the centre has reportedly implemented stricter policies, procedures, and training. Notably, the wearing of hooded clothing during nap times has now been banned. The court noted that the centre had been operating since 2013 and had no previous convictions.
Magistrate Mark Whitbread acknowledged the child’s complete dependence on the centre’s staff. However, he also accepted that the centre had taken “completely responsible” actions since the “unfortunate event.” In addition to the $15,000 fine, the company was ordered to pay $1,700 in legal costs. No conviction was recorded against the company.
Centre’s Statement and Department’s Stance
In a statement, Little Gems Childcare and Early Learning Centre expressed its continued condolences to the boy’s family. The centre reiterated that while the Coroner’s Report did not establish a direct link between the clothing and the death, a strict Sleep and Rest Policy had not been followed by an educator on that particular day. The company highlighted its long-standing commitment to providing high-quality care across its six centres.
The Department of Education stated that the fine underscored the gravity of the offences and the fundamental responsibility of all childcare providers to take “all things reasonably necessary” to safeguard children from harm. This includes ensuring staff adhere to robust sleep and rest policies and procedures, aligned with current safe sleep guidance. The department affirmed its commitment to working with the early childhood sector to promote safe sleep practices and assured that it would take appropriate action if providers’ health and safety measures were found to be inadequate.
