Articles Posted in Wrongful Death

In the wake of two Oregon day care deaths in as many months late last year one might have thought that it would be a simple thing to build momentum in the legislature for reform and increased oversight, but in politics things are rarely that simple.

Earlier this month The Oregonian reported that Governor Kate Brown’s initiative to “beef up oversight of day cares” was receiving a “tepid response” in Salem. The paper reports that “the proposal would increase maximum fines for rule-breaking day cares while closing a licensing loophole that can allow bad providers to escape consequences.” At an Oregon House hearing, however, “committee members questioned if the state’s bid to create 14 new positions would actually move the needle and help ensure kids are safe.”

When the legislature does not move as quickly as it should, it is worth remembering that even without changes to current law our courts offer powerful tools for protecting children and enforcing accountability. For example, ORS 163.545 is a relatively short statute defining second-degree child neglect. This is criminal law but when it is invoked it also opens the legal door to civil actions.

For the second time in as many months an infant has died in an Oregon day care facility. More shockingly, this latest tragedy took place “at a Southwest Portland day care previously cited three times for illegally watching children without a license,” The Oregonian reports.

As I detailed in a blog post last month, the earlier death took place in Portland and involved a 10-month-old boy. In that instance, it was the second infant death in the facility in as many years. The incident led state authorities to close the day care center, but left significant questions unanswered. Notably: how had the facility remained open after the first death?

In this instance many of the same questions need to be asked, perhaps even more urgently. The victim at the Southwest Portland facility was not-quite five months old. The Oregonian reports that “police are awaiting results of an autopsy and toxicology report, which could take several months” but the more immediate question is how a care facility with three pervious citations for operating illegally could still be in business in the first place. According to the newspaper, all three of the citations for illegal operation were issued in the last 10 months.

The Oregonian reports that state officials are moving to close the a Portland day care center after a child died at the facility. What makes this incident particularly distressing is the news that this is the second Oregon child death at the center in 18 months.

The newspaper reports that police have not disclosed the circumstances of the fatality, and that the medical examiner is still conducting an investigation. The paper adds, however, that “state regulators immediately suspended all childcare at the facility… concluding that circumstances there presented ‘a serious danger.’”

The paper notes that “Oregon has recorded eight deaths at licensed day cares since 2007, according to the Office of Child Care. With more than 4000 facilities in the state, there have never been two deaths at the same location, the child care office said.” The newspaper quotes an official from the office describing the situation as “unprecedented.”