Maryborough Little Gems Child Care and Early Learning Centre fined for failing to protect toddler during nap

A Maryborough childcare centre has been fined after a toddler was found unresponsive during a nap, in an incident that prompted safety changes at the facility. KB Child Care and Early Learning Pty Ltd, which operates Little Gems Child Care and Early Learning Centre on Saltwater Creek Rd, was sentenced in the Brisbane Magistrates Court on Friday after pleading guilty to two charges of failing to protect children from harm or a hazard likely to cause injury. A third charge was discontinued after the prosecution offered no evidence. The charges stemmed from an incident on July 20, 2022, involving two-year-old Kaleb Wade, who was found unresponsive after being put down for a nap at the centre. There were no allegations the childcare centre’s actions caused or contributed to the toddler’s death. Court documents seen by NewsWire stated Kaleb had finished his meal about 11.45am before being taken to bed in the centre’s Bumble Bee room shortly after noon. One of the educators put the child to bed and allowed him to keep a bucket-style hat near his head and remain dressed in a hooded jumper. About 2.15pm, another educator was asked to turn on the lights on the sleeping side of the room and found the boy face down on the bed and unresponsive. Magistrate Mark Whitbread said the child had been put to bed “contrary to the procedures of the company”. The court was told the centre had a sleep and rest policy, based on Red Nose safe sleeping guidelines, requiring educators to keep children’s heads and faces uncovered so their breathing and skin colour could be monitored. Prosecutor Anthony Harding said the offences were matters of absolute liability, meaning the childcare provider was responsible for ensuring safety obligations were met, even if individual employees failed to follow the policy. He said children in daycare were a “vulnerable group of society” who were highly dependent on staff to ensure their safety. Lawyer Angus Edwards, for the childcare centre, said the company felt “deep sorrow” over the incident. He said a coronial investigation found Kaleb had been suffering from multiple respiratory viruses at the time of his death, including COVID-19, respiratory syncytial virus and adenovirus. “It wasn’t obvious to anyone how sick the boy was,” Mr Edwards said. Coroner Terry O’Connell found the toddler had been recovering from illness before returning to daycare on the day of his death, when his behaviour appeared normal. The coroner concluded the most plausible explanation was that Kaleb’s death occurred after his body was overwhelmed by several overlapping respiratory infections. Mr Edwards told the court the centre had operated for 13 years without prior convictions and had co-operated with authorities. He said the company had since introduced further safeguards, including banning hooded clothing at the centre and conducting monthly checks to ensure policies were being followed. Magistrate Whitbread said the offences were serious given the vulnerability of young children, but acknowledged the company’s early guilty plea, co-operation and steps taken since the incident. He said the purpose of sentencing in such cases was largely to deter similar conduct across the childcare sector. The company was fined $15,000 and ordered to pay $1700 in court costs. No conviction was recorded against the company. In a statement after the hearing, Little Gems Childcare and Early Learning Centre said their thoughts remain with the toddler’s family. “We continue to feel sorrow for the death of the little boy who passed away, and our thoughts remain with his family,” the statement read. “While the Coroner’s report did not find a connection between the clothing worn and the boy’s death, our strict Sleep and Rest Policy was not followed by one of our educators on this day. “We have always had safe sleeping policies in place, procedures we continue to tighten across the group. “For the past 13 years families have trusted children in our care across six centres. More than 160 staff come to work every day determined to provide the best childcare and early learning, to make a positive difference in the lives of our young charges.”