Child care facility’s transportation violation did not qualify as reckless conduct.
Docket Number: 1410761 , Decision Date: December 5, 2013
Attachment: Click here to download the decision.
The Department of Early Care and Learning (DECAL) was not authorized to fine a child care facility for a single violation of a transportation rule, where facility’s employees simply failed to sign the passenger checklist, although they did conduct a physical check of the vehicle. A fine would only be authorized if the conduct either (1) demonstrated a reckless and serious disregard for child safety, or (2) would justify revoking the facility’s license, neither of which was true here.