Fraser Coast Childcare Fined $15,000 After Toddler's Naptime Death
A Fraser Coast childcare center has been fined $15,000 after a two-year-old boy, who was suffering from multiple illnesses including COVID-19, died during nap time in July 2022.
KB Childcare and Early Learning Pty Ltd, the operator of Little Gems Childcare and Early Learning Centre in Maryborough, pleaded guilty to two counts of failing to protect children from harm and hazards likely to cause injury. A charge of failure to adequately supervise children was withdrawn.
The Tragic Incident and Autopsy Findings
The court heard the toddler was put to sleep around midday and was found unresponsive when staff attempted to wake him at approximately 2:15 pm.
An autopsy indicated the child was suffering from multiple viruses, including COVID-19 and an upper respiratory tract infection, which a coroner stated overwhelmed his respiratory system.
No sudden deterioration in his condition was suggested.
Nature of the Charges and Policy Breach
The Department of Education, represented by Anthony Harding, clarified a crucial point: the center was not accused of causing the death.
The charges specifically related to the child wearing a hat and a hooded jumper during nap time, which impeded staff's ability to monitor his skin color and breathing, contrary to the center's own policy.
Defence lawyer Angus Edwards KC acknowledged that staff did not adhere to the center's established procedures on that day, stating, "It wasn't obvious to anyone how sick he was." He also noted that the boy was regularly monitored during his nap.
Post-Incident Reforms and Legal Outcome
Since the incident, the center has implemented stricter policies, procedures, and training, including a ban on hooded clothing during sleep. The center, in operation since 2013, had no prior convictions. Magistrate Mark Whitbread accepted the center's responsible conduct following the event.
In addition to the $15,000 fine, the company was ordered to pay $1,700 in legal costs. Significantly, no conviction was recorded.
Official Statements
The Little Gems Childcare and Early Learning Centre released a statement expressing ongoing thoughts for the family.
They noted that while the Coroner's Report did not link the clothing to the death, their strict Sleep and Rest Policy was not followed by an educator.
The Department of Education emphasized the critical requirement for providers to protect children from harm and hazards, ensuring staff follow robust safe sleep policies.