Just seven months ago the governor signed a new law designed to improve safety at daycare facilities around Oregon. Yet shortly after New Year’s “Oregon child care regulators imposed first-of-their-kind restrictions… on a Hillsboro day care where an infant died January 6,” according to reporting by The Oregonian. Calling the facility a “serious danger to the health and safety of children… regulators ordered the 24/7 provider to watch over children who are asleep at all times and to increase staffing beyond the baseline required by law.” The facility will also have to stop accepting children under the age of two.
These are the first penalties imposed under the new law, so one might look at them as a sign that the new measures are working. Yet the fact that they were only imposed after a child had died should be cause for concern throughout Oregon. Abuse and neglect are subject to mandatory reporting requirements for many occupations in our state, including anyone working at a daycare center. If the violations of state law were this serious one has to wonder why they were never reported in the days and weeks before the baby died, and also why it took the state more than two weeks after the baby’s death to sanction the center.
Even after penalties have been imposed by the state a tragedy such as this should prompt the bereaved family to consider what remedies the court system can offer. In civil law there are a number of potential ways to probe more deeply into what happened in Hillsboro and to consider who should be held accountable. These could include a wrongful death action under ORS 30.020. The problems identified by the state in sanctioning the daycare center on their face make a case for a claim under ORS 163.545 (Child Neglect in the Second Degree).