Alberta issued 91 stop-work orders to unlicensed daycare centers in two years

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The provincial government issued 91 arrest warrants to unlicensed day homes between February 2021 and December 2022, including 21 that cited an “imminent threat” to the children in care.

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The numbers were released in a freedom of information response to advocacy group Mackenzy’s Legacy. The documents showed that 71 stop orders were issued for overcapacity issues and 21 for imminent threat; one was issued for both. Jen Woolfsmith, co-founder of Mackenzy’s Legacy, called the numbers shocking and heartbreaking.

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Woolfsmith is the mother of Mackenzy Woolfsmith, a 22-month-old girl who died in 2012 after sustaining multiple blunt force injuries while in the care of a private nursery.

“In my opinion, I would have expected a couple (of stay orders), a handful, no more than 10 a year,” Woolfsmith said. “This is a complaint-based process, it’s completely voluntary, so it probably represents the tip of the iceberg of what’s actually going on.”

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‘We need to stop ignoring unlicensed care’

According to the provincial regulations that came into effect in February 2021, after child care legislation was amended, the provincial government has the authority to investigate unlicensed day care centers when there is a complaint that there are more than six children. in care, or if there is an imminent threat to the “health, safety, or welfare of any child.” Children’s services can issue and enforce a warrant if any of those concerns are confirmed.

An imminent threat suspension order issued if a provider’s conduct or conditions in the day care environment pose a threat to health, safety, or welfare. Examples of such threats include threats to environmental safety, physical punishment, or lack of supervision or medical care.

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Shelby Stewart, co-founder of Mackenzy’s Legacy, said the warrant system is reactive rather than one that proactively prevents children from being put in danger. Stewart and Woolfsmith said while child care legislation was changed in 2021, they feel unlicensed practices are taking a backseat and safety issues at such locations still need to be addressed.

“Most of our children are currently in this care and will be for the foreseeable future. With the way our child care system is set up, we have to stop ignoring unlicensed care,” Stewart said. “We have always said, from the beginning of our advocacy work, we support unlicensed care; we see the value in it, it suits families. . . but we have an obligation to make sure that there is oversight and regulation for that kind of care. We cannot send our children to homes where we have no idea who is in charge, who is providing care, or what their background is.”

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They urge the province to adopt security measures

Woolfsmith said it had been 11 years since her daughter died and four years since a judge issued recommendations to improve safety in daytime homes following an inquest into Mackenzy’s death, but the latest data shows that children they are still being damaged.

She said there must be a barrier to enter the space for operators, such as a business license requirement, as well as background check and CPR training requirements. Woolfsmith said operators also need support in the work they do.

“You can’t just have a fast-paced or pop-up home situation where someone maybe doesn’t have cash and, on a Thursday night, they can say, ‘Oh, I’ll put an ad on Kijiji and do it. have a full list of children at my house by Monday,’” Woolfsmith said.

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Following lobbying efforts by Mackenzie’s Legacy, the City of Calgary adopted a statute last September that requires day-home operators to have a business license and meet a number of other basic requirements. A group of councilors is now leading an effort to get the province to adopt such measures province-wide.

Smith and Woolfsmith are hopeful that the province is willing to raise standards in such places. They said they had not met with Children’s Services Minister Mickey Amery, but said protecting children’s safety should be a nonpartisan issue.

They are urging the province to continue to implement the recommendations of the Mackenzy fatality investigation. Those recommendations called for improvements in staffing levels, supports for operators, and the creation of a proactive compliance environment, among other measures.

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Chinenye Anokwuru, Amery’s press secretary, said the government has taken a number of steps to address recommendations stemming from the fatality investigation, including legislation allowing stop-work orders, the creation of a child care hotline and increasing the requirements for licensed day care centers to report to report. parents of security problems.

“If a stop order is issued, subsequent surveillance or inspection must be conducted to confirm compliance with the stop order. Children’s Services conducts follow-up surveillance until a complaint has been confirmed or refuted, and until the provider complies with a stop order and goes out of business,” Anokwuru said. “If a provider continues to provide child care after a suspension order has been issued, a suspension order issued by a court may be required. If it is determined that the threat has been remedied, Children’s Services may rescind the detainer.”

She said if parents have a concern or complaint about a child care center, they can call Child Care Connect toll-free.

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