Child care facility’s transportation violation did not qualify as reckless conduct.

Topic: Early Care & Learning, Decided by: Judge Woodard 
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.

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