Panel to study licensing rules for child care

5-year-old’s death in hot van spurs plan for July meeting

A legislative committee will review existing rules and regulations for child care licensing after the death of a child at a facility overseen by a state lawmaker.

Sen. Missy Irvin, R-Mountain View, and Rep. Mark Lowery, R-Maumelle, made the announcement to the Joint Performance Review panel on Tuesday. They are its co-chairmen.

“We experienced a death of a child,” Irvin said. “I think it’s our job as an oversight committee to review policies and procedures and protocol when it comes to transportation of children. That is our job and I intend to fulfill that role.”

She read a letter from Department of Human Services Deputy Director Keesa Smith.

“For any child to pass away in the manner that happened last week raises concerns to us about whether our requirements and protocols were properly followed and if further steps need to be taken to make sure that this never occurs again,” Smith wrote.

The meeting is scheduled for July 10. Irvin expects representatives from the department and businesses with state contracts to attend that meeting.

Irvin and Lowery said Tuesday they wanted to talk with state vendors to see if there’s a system that could be used to reduce the chances of a child being left in a car at a child care facility.

The death that triggered the discussion occurred June 12.

Christopher Gardner was picked up at 6:40 a.m. June 12 by a van from the Ascent Children’s Health Services in West Memphis, The Associated Press previously reported.

The 5-year-old was never taken inside the facility, which serves children with developmental disabilities, and was found dead, still strapped in a booster seat, more than eight hours later when employees were preparing to take children home.

The heat index for the area reportedly reached nearly 100 degrees that afternoon.

Rep. Dan Sullivan, R-Jonesboro, who has served as chief executive officer of Ascent since 2013, earlier said that “staff did not follow company policies and procedures, and if they had, this tragedy would not have occurred.”

Smith wrote: “I am sure that many know that four West Memphis Ascent staff members were not only terminated but are now facing criminal charges. While that addresses specific bad actions on the criminal side, our agency is monitoring and [reviewing] practices so that another family does not face a similar tragedy.”

Ascent operates facilities across Arkansas, including centers in North Little Rock, Jonesboro and Arkadelphia.

During the regular legislative session this year, Sullivan sponsored Act 576, which stripped a state commission of its authority to regulate child care centers. When the act goes into effect Aug. 1, the Department of Human Services will not need the approval of the Arkansas Early Childhood Commission to establish rules.

After a February meeting, Sullivan said rules approved by the commission have been costly for child care centers, families and taxpayers, who subsidize some types of child care.

Jody Veit-Edrington, the commission’s chairman, said at the time that the bill appeared to be a response to the commission’s refusal last year to change a requirement for at least 50 percent of child care center employees to be certified in first aid and cardiopulmonary resuscitation.

Neither Lowery nor Irvin — who both voted for the bill — said they had concerns about its effect.

Lowery said it leaves the Department of Human Services in charge of making the rules. And Irvin said state agencies are the more appropriate entity to make rules.

“We had the exact same issue in the trauma system,” Irvin said. “You had an unelected body of individuals making rules and regulations, making decisions, without any oversight. That needs to remain with an agency whether it’s Department of Health or [Department of Human Services], because that’s where our oversight lies.”