A heartbreaking incident at a Fraser Coast childcare centre has resulted in a significant fine after a two-year-old boy, who was already battling multiple illnesses including COVID-19, tragically passed away during his nap time. The centre, KB Childcare and Early Learning Pty Ltd, was ultimately fined $15,000 by the Brisbane Magistrates Court.
Legal Proceedings and Company Plea
The director of KB Childcare and Early Learning Pty Ltd, Cherie Honhke, appeared in court and entered a guilty plea on behalf of the company. The company faced two charges of failing to protect children from harm and hazards likely to cause injury. A separate charge related to inadequate supervision of children was withdrawn during the proceedings.
The court heard that the tragic event unfolded in July 2022 at the Little Gems Childcare and Early Learning Centre in Maryborough. Around midday, the toddler was put down for his nap by the centre’s staff. Tragically, when educators attempted to wake him at approximately 2:15 pm, he was unresponsive and could not be revived.
Autopsy Findings and Coroner’s Verdict
An autopsy later revealed that the young boy was suffering from a combination of illnesses at the time of his death, including COVID-19 and an upper respiratory tract infection. The coroner’s findings indicated that the child’s body was “overwhelmed” by these overlapping conditions, which ultimately proved too severe for his respiratory system. It was noted that there was no suggestion of a sudden deterioration in his condition prior to his passing.
Centre Policy and Staff Adherence
During the court proceedings, it was clarified that the centre was not accused of directly causing the child’s death. Instead, the charges focused on the attire the child was wearing during his nap, and how this may have affected the staff’s ability to monitor his vital signs, specifically his skin colour and breathing.
The Department of Education’s representative, Anthony Harding, highlighted that the crucial facts of the case revolved around a hat and a hooded jumper worn by the child. He stated that educators had allowed the child to wear these items to sleep. Harding emphasised the company’s awareness of its obligations, particularly when dealing with “very young children” who are considered a “vulnerable group of society.”
The court was informed that the centre had its own established policy, which rightly acknowledged the necessity for educators to adequately monitor sleeping and breathing children. This policy stipulated that the educators’ ability to perform this crucial task should not be compromised.
However, the defence lawyer, Angus Edwards KC, acknowledged that on the day of the incident, the staff “did not follow those procedures.” He conceded, “There was a policy in place; it just wasn’t adhered to.” Edwards also pointed out that the severity of the child’s illness “wasn’t obvious to anyone,” and that the boy was not left “regularly monitored” during his nap.
Acknowledging the Tragedy and Subsequent Changes
Both sides of the legal argument acknowledged the profound tragedy of the situation. Edwards conveyed that “the death of this little boy was a tragedy,” and that nothing said in court could alleviate the grief and loss experienced by the parents or the sorrow felt by the director.
Following the incident, the centre has reportedly taken steps to improve its safety protocols. The court heard that since the boy’s death, the centre has “tightened up policies, procedures and training” and has implemented a ban on hooded clothing being worn during nap times. The centre, which has been operating since 2013, had no prior convictions.
Magistrate Mark Whitbread commented on the child’s complete dependence on the centre and its staff. However, he accepted that the company had acted “completely responsibly” in its conduct 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 of Education’s Position
In a statement, Little Gems Childcare and Early Learning Centre expressed its continued thoughts with the boy’s family. The centre reiterated the Coroner’s Report, which did not establish a direct link between the clothing worn and the boy’s death, but acknowledged that its strict Sleep and Rest Policy was not followed by an educator on that particular day. The company highlighted its long-standing commitment to providing high-quality care across its six centres, where families have entrusted their children for over a decade.
The Department of Education issued a statement reinforcing that the fine reflected the gravity of the offences. The department emphasised the “critical requirement” for all childcare providers to implement “all things reasonably necessary” to safeguard children from harm and hazards. This includes ensuring staff adhere to robust sleep and rest policies and procedures that are based on current safe sleep guidelines. The regulatory authority stated its ongoing commitment to working with the early childhood sector to promote safe sleep practices and assured that it would not hesitate to take appropriate action if approved providers’ health and safety measures are found to be inadequate.
