A Fraser Coast childcare centre has been fined $15,000 after a two-year-old boy suffering from multiple illnesses, including COVID-19, died during nap time in July 2022. The director of KB Childcare and Early Learning Pty Ltd, Cherie Honhke, pleaded guilty on behalf of the company to two counts of failing to protect children from harm and hazard likely to cause injury. A single charge of failure to adequately supervise children was withdrawn.
The Brisbane Magistrates Court heard that the toddler was put to sleep by staff at the Little Gems Childcare and Early Learning Centre in Maryborough about midday. When staff tried to wake him at about 2:15pm, he was unresponsive and could not be revived. An autopsy found the child was suffering from multiple viruses, including COVID-19 and an upper respiratory tract infection. A coroner ruled the boy's body became 'overwhelmed' by the overlapping illnesses, which 'proved too much for his respiratory system'.
Anthony Harding, representing the Department of Education, told the court the centre was not accused of causing the death. The charges related to what the child was wearing when he went to sleep, and how that impacted staff's ability to monitor his skin colour and breathing. Defence lawyer Angus Edwards KC said staff 'did not follow those procedures' on that day, noting that a policy was in place but not adhered to. He added that it was not obvious how sick the boy was, and he was regularly monitored.
Since the incident, the centre has tightened policies, procedures, and training, and banned hooded clothing. Magistrate Mark Whitbread acknowledged the child was 'totally dependent' on the centre but accepted the centre had been 'completely responsible' since the event. The company was fined $15,000 and ordered to pay $1,700 in legal costs.
In a statement, Little Gems Childcare and Early Learning Centre expressed that its thoughts remained with the boy's family, and noted that while the coroner did not find a connection between clothing and the death, its sleep and rest policy was not followed. The Department of Education said the fine reflected the seriousness of the offences and the critical requirement to protect children from harm.
