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The epidemic of abuse in nurseries: a coup d'état without a proper response

In recent years, dozens of shocking and ongoing cases of violence have been discovered in day care centers and nurseries, but the state is still not doing enough to eradicate the phenomenon.

What should be done by the state and what can you, the parents, do for yourself?

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• Nurseries

Adv. Eyal Belzer, in collaboration with Zap Legal

Sunday, 08 November 2020, 10:48

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Toddler (Photo: shutterstock)

For weeks now, since the beginning of the second closure imposed by the Israeli government to deal with the corona plague, the entire education system has been shut down.

This includes, until recently, the nurseries and day care centers, which returned to activity on 18.10.2020, were also shut down.

Unfortunately, this respite from their activities is perhaps the only reason why a new abuse case has not been revealed for weeks.

The phenomenon of abuse in daycare centers and day care centers has become a real epidemic in recent years: videos of abuse in Carmel Meuda's daycare center and the chilling documentation from security cameras in daycare centers in Holon and the kindergarten in Ramla are just part of a long line of headlines in recent years.

Despite the huge public shock and although some steps on the issue have already been taken, the state still does not provide a proper solution to deal with the phenomenon and eradicate it.

These days, with the reopening of nurseries and kindergartens, it is worth paying attention to this burning issue as well, significantly and urgently promoting the laws designed to address the phenomenon, take care of enforcement as soon as possible and understand what legal steps are available to you, parents.

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What does the law say

One of the most severe cases of abuse in recent years ended in the death of the late toddler Jasmine Vinta, who was strangled to death by the nursery assistant she was treated for. Following the shocking case, the Camera Installation Act was enacted to protect toddlers in day care. The

law went into effect on September 1, 2019. interim period in which the installation of the cameras is not defined as a duty, but was rewarded with grant funds. In fact, just recently the law came into force in its entirety and starting -1.9.20 there is an obligation to install cameras throughout the park except bathrooms and services, and for reasons of privacy.

the existence of cameras nurseries and kindergartens Children from birth to age three are an important deterrent, often providing substantial evidence, but the main problem, and the main cause of the inconceivable extent of the phenomenon, is the lack of supervision of nurseries and kindergartens, how they conduct themselves and especially the people who are allowed to manage or work. framework.

also in this area there has been progress, and -1.9.19 Control law came into effect on day care for toddlers, which sets conditions for obtaining a license, penalties for violation of the terms and framework for supervision and control. but in practice, the law is not yet implemented, because by the time of this writing, The regulations required for its implementation have not yet been formulated, which were

Are due to arrive at the table of the Committee on the Rights of the Child on 26.8.20.

In addition, the formulation of these regulations, and the issue of nurseries and day care centers in general, is, surprisingly, under the responsibility of the Ministry of Labor and Welfare, and not of the Ministry of Education.

The Knesset's Education Committee called in July 2019 to transfer the responsibility for early childhood to the Ministry of Education, but this has not yet been done.

Carmel Meuda in court (Photo: Yotam Ronen)

The government must take further steps

In addition to the implementation of the law, the transfer of the field to the responsibility of the Ministry of Education and the creation of an orderly and strict system of supervision, it is appropriate that other important steps be taken.

The extraction of the sentence in front of kindergarten teachers and abusive assistants is currently done within the framework of criminal law, but the punishment is still not severe enough.

Many parents whose children have been harmed are often left frustrated with the outcome of the criminal proceedings and feel that the defendants have not been properly punished for their actions.

It is important to know that in any case of abuse the civil law is at the disposal of the parent, which allows for the filing of a tort claim against the kindergarten teacher or assistant, in order to receive compensation for the mental and physical damage caused to the child.

As far as the injury that left a physical and / or mental disability is concerned, the compensation can reach very respectable amounts, which can help to some extent to the child's parents and the child himself.

Also, filing a tort claim of this magnitude is an additional deterrent to daycare and kindergarten owners.

In addition to this measure, the government must take another important step and oblige the nursery school owners to purchase a special insurance policy to cover cases of professional negligence on the part of nursery school owners and / or kindergartens.

Under these policies, cases of abuse of toddlers that have occurred under the responsibility of the kindergarten / daycare owners will be covered, just as in other areas of practice, professionals (doctors, lawyers, etc.) are required to take out professional liability insurance.

Even when each nursery is insured, the injustice and damage caused cannot necessarily be remedied, nor is there any promise to prevent the phenomenon;

But since the tort claim itself will be conducted against the insurance company (which constitutes a "deep pocket") and not against an individual, at least the monetary compensation will be guaranteed.

Parents - what can you do anyway

Along with the civil procedure, it is important to know that you, the parents, have the ability to arrive more prepared for the settings in which your children spend so many hours of the day.

It is important to check about the nursery, daycare or kindergarten by searching on social networks, receiving recommendations and opinions from other parents, a personal visit to the place, a meeting with the staff and more.

It is advisable to enlist the help of a lawyer at this stage, who is able to quickly and simply conduct an investigation regarding legal proceedings in which the kindergarten staff or owner was involved, as well as review the contract of engagement with the kindergarten.

It is not necessary to do so, of course, but it may shed light on the conduct of staff and owners.

Thus, if you find, for example, that in the past there has been one or another violent incident in the kindergarten, you can find out how the case was handled by the kindergarten owners.

If the treatment was immediate, unequivocal and uncompromising - do not rush to disqualify the place.

In addition, remember that if your child is harmed, the possibility of a tort claim is always at your disposal, if only for the purpose of deterring and preventing similar cases in the future.

It is important to know that there is no need to wait for the criminal proceedings to be completed before filing a tort claim, but it is advisable to do so, as if a conviction is obtained, you will not have to prove the defendant's guilt again.

As it passes until the end of the criminal proceedings, it will also be clearer the extent of the damage caused to your child, and accordingly - what is the amount of compensation you can claim.

Eyal Belzer specializes in tort and accidents, medical negligence and claims the realization of health rights versus state institutions.

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