Mar 24, 2015 in News Negligent Supervision

Negligent Supervision: Unlicensed Daycares: Tougher Standards Needed

There are 823,000 children at risk in unlicensed daycares if the Ontario government doesn't improve its systemic issues. In October last year, ombudsman Andre Marin released a 142-page report with 113 recommendations to ensure the safety of children cared for in unlicensed daycares. The Ministry estimates 95 of the recommendations are currently being addressed, which includes creating a dedicated enforcement unit to investigate unlicensed daycare complaints. Thirty five of the recommendations were met when the new tougher unlicensed daycare legislation was passed. But Marin also suggests the government adopt a centralized registry, according to the Toronto Star. Ontario needs to improve its regulation of unlicensed daycares, especially after the death of four children within seven months in the GTA. In the report, Marin points out that the Day Nurseries Act hadn't been reviewed since 1983 and even then, the province rarely and inconsistently enforced rules for unlicensed daycares. Due to high costs of long waiting lists for licensed daycares, more families are being forced to use unlicensed daycares, but there's been little education for parents to help them choose one. The ombudsman's report discovered these issues in government regulation:

• Sloppy, inconsistent complaint intake practices and an inadequate complaint tracking system;
• Ministry guidelines not followed, inspections delayed or never done;
• Staff untrained in conducting investigations or on the legislation they enforce;
• Poor inspection practices, careless evidence gathering; and
• Failure to involve or educate parents about daycare standards and facilities that are not in compliance with them.

In 2012, the Ministry of Education received 274 complaints about unlicensed childcare and the number of complaints almost doubles to 526 complaints in 2013. Also, during first inspections between January 1, 2012 and July 12, 2013, 138 unlicensed caregivers were discovered to be in violation of the Day Nurseries Act. Of those unlicensed caregivers, 82 of them had multiple complaints against them and 28 had complains about them previously. On the inspector's second visit, it was discovered that 23 continued to operate illegally and after multiple visits, 15 daycares remained in violation. York Region Police and the provincial coroner continue to investigate the death of a two-year-old at an unlicensed daycare in Vaughan, which was unsanitary and overcrowded. The parents have filed a wrongful death lawsuit for the 2013 incident against the daycare operator and the Ontario Ministry of Education. Meanwhile, the cause of death has yet to be announced. "I?m stymied by the police investigation," regional coroner Dr. Dave Evans told the Toronto Star. "I can't say one way or the other until the police give me permission because (cause of death) is classed as evidence. It's a waiting game." Meanwhile, a regional coroner will investigate the death of a 14-month-old boy who died after being rushed to the hospital from a Burlington daycare. Emergency responders were called to Wee Daycare for a medical issue and when they arrived at the scene, the child had no vital signs. There were attempts to revive him, but he was pronounced dead after arriving at the hospital. No foul play is suspected, police told CBC News. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries and wrongful death cases for over 50 years including those arising from negligent supervision of your children. We understand the impacts injuries can have on you and your family's life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.

Photo credit: USAG - Humphreys/Creative Commons