Judge calls for child-care changes after infant’s death
The day home death of 22-monthold Calgary girl Mackenzy Woolfsmith has prompted an Alberta judge to call for sweeping changes for child care services in the province, aiming to reduce risk and create a more proactive enforcement regime.
Provincial court Justice Joshua Hawkes made the recommendation Monday in the findings of a public fatality inquiry into the 2012 death of the girl at a Mackenzie Towne day home.
Woolfsmith suffered multiple blunt-force trauma injuries as well as swelling to her brain on May 2, 2012 after an incident at the unlicensed day home, which saw operator Caitlyn Jarosz plead guilty in 2016 to manslaughter, earning a sentence of 5 1/2 years in a federal penitentiary.
She was granted day parole in December 2017 and is scheduled for statutory release next January.
While Jarosz never detailed what happened during her trial, at the fatality hearing last February she testified Woolfsmith had fallen on stairs and hit her head.
After the girl’s sobs stopped and her breathing became shallow, Jarosz admitted to panicking and shaking her, accidentally causing her head to strike the floor.
Medical experts who testified contended the fatal injuries could not have merely been sustained by a fall on the stairs.
In his report, Hawkes said the tragic circumstances that led to Woolfsmith’s death should act as a wake-up call for the province’s child care system to ensure children’s safety is paramount.
“The death of a child at the hands of a trusted caregiver is a parent’s worst nightmare. That this nightmare is not an isolated incident, but part of a pattern in which children and child care workers are at elevated risk, is a serious public policy issue requiring urgent and sustained attention,” he wrote.
“Like many tragedies, the death of Mackenzy was not the result of a single failure, but the interaction of many factors.”
Among several recommendations, Hawkes is calling for a comprehensive review of provincial legislation governing child care in Alberta, aimed not only at reducing risk to children but better documenting incidents to foster a proactive approach to enforcement. He’s also recommending more support for child care providers, better documentation of serious incidents, and more robust enforcement tools to bolster children’s safety.
Hawkes noted Woolfsmith’s parents had no access to independent information about Jarosz’s past as a child care provider at a licensed daycare, which saw her involved in three previous cases in which children under her care suffered injury, though she was not deemed to be responsible for any of them.
“Despite the best efforts of her parents, there was a lack of independent information available regarding prior incidents of concern with her child care provider,” Hawkes wrote.
“Had that information been available they would have made a different choice regarding child care.”
Danielle Larivee, minister of children’s services, said parents shouldn’t have to worry about the safety of their children when they’re left in the care of professionals.
“My heart is with the family and friends of Mackenzy Jane Woolfsmith who continue to grieve her death. No family should have to suffer such a tragedy. When a parent leaves their child in someone else’s care, they should always feel confident that they will get the same love and attention as they would at home,” she said in a statement. “I thank Judge Hawkes for his report. We will take the necessary time to review the recommendations.”
She added the NDP government’s ongoing investment in expanding $25-per-day child care spaces is aimed at ensuring parents have affordable and safe options for their children.
“We believe no Albertan should ever have to leave their kids in an unsafe situation because they have no other choice,” she said. “We will not stop fighting until every single parent has access to the safe and affordable child care and supports they deserve.”
A full response to the report is required to be submitted to the justice ministry by May.