Accusations of neglect against daycare staff or daycare owners in New York City can lead to serious repercussions for the individuals and the child care facility involved. These repercussions may include the loss of your right to work with children or the loss of your childcare business.
If you or your daycare staff have been accused of neglect in NYC, you have legal options. It is important to speak with a daycare defense lawyer about your rights. An attorney with our firm may be able to help you fight allegations and protect your livelihood.
What Is Daycare Neglect?
To be a licensed daycare in NYC, facilities must meet very specific guidelines, and the staff must provide a mandated level of care, as outlined by the New York State Child Day Care Regulations. These regulations direct everything from fire safety measures to child supervision requirements to staff qualifications.
A member of daycare staff is neglectful when they fail to meet the physical, nutritional, and safety needs of the children in their care. Examples of neglect may include:
- Failing to provide adequate meals
- Failing to change children out of dirty clothes or diapers
- Failing to maintain a hygienic facility
- Caring for more children than staff can handle or the daycare’s licence allows
- Keeping awake children confined in cribs or other spaces for extended periods of time without interaction
What Happens If Someone Reports Daycare Staff for Neglect?
When someone reports a daycare or its staff for neglect in NYC, it typically leads to an investigation. Authorities will visit the daycare, interview staff, and the daycare’s owners and administrators. They may also speak with the parents of children the facility cares for.
If the allegations are substantiated, the results of this investigation could lead to corrective actions, fines, a hearing, or the suspension of the daycare’s license. The daycare owner or staff member accused of neglect or abuse could also face individual penalties, including the loss of their right to work with children and criminal legal action.
Who Investigates Daycare Neglect In NYC?
The New York State Office of Children and Family Services (OCFS) is the primary licensing and regulatory body for day care centers in NYC. OCFS will usually be the agency to look into complaints of staff neglect.
The Administration for Children’s Services (ASC) also investigates allegations of child abuse and neglect in New York. The NYC Department of Health and Mental Hygiene (DOHMH) investigates the safety, cleanliness, and overall hygiene at daycare facilities.
Legal Options for Daycare Owners and Daycare Staff
If you are a daycare owner or staff member accused of neglect, you have the right to defend yourself, and you should. These allegations are serious and could be career-ending.
Sometimes, accusations of neglect are credible, and sometimes, they come from disgruntled parents or former employees. You can fight unfounded claims by preparing evidence for investigators. You may also need to present evidence during an Administrative Law Judge hearing involving an ACS attorney.
When accusations are credible, you can still defend your business by ensuring the law is applied correctly. You can argue against inaccurate, unfair, or overly harsh penalties and seek to keep your daycare license.
A daycare defense lawyer can help you build your case. An attorney could obtain witness testimony and other proof to help you establish that your daycare is clean, safe, and the staff is well-trained and attentive. If allegations against you or your staff have merit, a lawyer could help you minimize your liability.
Contact Our Daycare Defense Attorney for Help Today
The Gilmer Law Firm, PLLC knows how hard it is to get a daycare license and how important it is to keep it.
In more than 20 years in practice, Attorney George Gilmer has fought for daycare providers in New York and helped multiple facilities prevent license revocations and suspensions. If you are facing accusations of daycare staff neglect in NYC, contact us to learn how our law firm can help you.
