I-TEAM: KinderCare fighting state’s plan to revoke license after infant death, multiple violations

RIVERSIDE — A Riverside KinderCare facing revocation of its license by the state of Ohio said it is appealing the state’s plan, calling it “unnecessary” after the state found multiple serious violations during inspections.

“We continue to be a vital part of the Dayton community and we believe the state’s proposal to revoke our license is unnecessary and puts an unfair amount of stress on our families and teachers,” KinderCare said in a statement to News Center 7′s I-Team. “While we work through the appeal process, our center will stay open and we will continue to support our community of families with high quality early childhood care and education.”

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The Ohio Department of Job and Family Services began the process of revoking the license for the facility at 5387 Burkhardt Road in early November. In mid-October, a mother filed a civil lawsuit against the childcare facility about a year after her infant son died at the hospital hours after she picked him up from the KinderCare.

“We are taking this step because the safety and health of all children in child care is paramount at ODJFS,” said Tom Betti, spokesman for ODJFS. “We believe it important that Ohio parents who entrust their children to child care providers know those centers must follow strict procedures, policies, and rules set forth by the state to ensure that children are safe and healthy.”

Elijah Neria died Oct. 16, 2020 after the attorney for Neria’s mother said his death was caused after “all the defendants exhibited a reckless disregard for the safety of decedent.”

A state inspection filed with the Ohio Department of Job and Family Services in the weeks following Neria’s death found the KinderCare did not contact a parent when an infant was not feeling well while in care of the program.

“The infant vomited, refused his second bottle, did not engage in activities, was unable to hold head in an upright position, and was held at least one hour prior to parent pick up,” the inspection report read. “When the parent arrived to pick up the infant from the program, the parent was informed that the infant child had been ill throughout the day. The parent took the infant to the emergency room where the infant died later that evening.”

A months long investigation by Riverside police into the death resulted in no criminal charges after prosecutors and the doctor handling Neria’s case “determined that there was no negligence on the part of employees at the day care,” according to a Riverside police report.

“There were no charges that could be filed against anyone,” the police report read.

Neria’s death was caused by myocarditis, which is inflammation of the heart muscle, according to his death certificate. Myocarditis is commonly caused by viral or bacterial infections and medical conditions that damage the heart and cause inflammation, according to the National Institutes of Health.

“The loss of a child is unimaginable. While we aren’t able to comment on pending litigation, our hearts go out to the Neria family,” KinderCare said in a statement in November.

The News Center 7 I-Team has asked the Ohio Department of Job and Family Services how many times it takes for a childcare facility to have serious compliance issues before a license would be suspended; however, that question has gone unanswered for more than a month. The state also has not said if it has ever suspended or temporarily suspended the KinderCare’s license prior to this most recent action.

Betti said the state works with providers statewide to ensure compliance with Ohio’s laws, but said the state does have to take corrective action to address violations.

“In some cases—an average of 70 times each year—that includes seeking revocations of the license,” Betti said.

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During the same October inspection, the state also found “that a Child Care Staff Member had abused, endangered, or neglected a child.” As part of the state corrective action plan, Ohio Job and Family Services said the KinderCare needed to terminate that employee as a result of the serious compliance violation.

In addition to the two serious violations, the state also found seven other violations that were labeled as moderate or low risk.

Since Neria’s death, the same daycare has had two other complaints file with Ohio Department of Job and Family Services. During inspections following both complaints, the state found multiple compliance issues.

In January, the state found the location failed to report a serious incident in the Ohio Child Licensing and Quality system after a child received a bump or blow to the head that required first aid or medical attention, according to the inspection. During the same inspection, the state also found that children were not protected after a “storage closet was left open with a washer, dryer, vacuum, and other hazardous items.”

More serious allegations were made against the daycare again in August when someone reported to the state that the daycare center was not reporting suspected child abuse and neglect. An inspection found the allegation to be substantiated after the state “determined that the program failed to immediately notify their local public children services agency of suspicions that a child had been abused or neglected.”

During the August inspection the state also “determined that a child care staff member used a discipline technique to guide or discipline child(ren) that was not developmentally appropriate, consistent, or occurred at the time of the incident.”

In late October, the Ohio Department of Job and Family Services did an unannounced annual inspection of the facility and found 18 violations. None of the violations were considered serious, however five were classified as moderate risks and the remaining 13 were low risks.

The October inspection found the daycare center failed “to maintain the appropriate staff to child ratio for each group served.” KinderCare also was found to have medication, Resinol and triple antibiotic ointment within the reach of children in the two’s rooms, according to the inspection.

A corrective action plan was required to be submitted by KinderCare, however records show the non-compliance issues are only “partially addressed.”

Since KinderCare is appealing the state’s plan to revoke its license, an administrative hearing process has started. That will include a prehearing conference next week, Betti said.

“At the completion of the administrative hearing process, the hearing examiner will issue a report and recommendation,” Betti said.

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