A day care provider sued the Health Ministry after being ordered to shut down when a child's safety was at risk.

Families Minister

Glenn Blakeney revealed the Department of Health issued an order for the provider to cease operations when the well-being of a child in its care came under question earlier this year.

But the existing law only allowed the Ministry to take action against day care centres meaning nothing could legally be done about home day care providers which weren't up to scratch.

Mr Blakeney said the Children Amendment Act which clarifies regulations for home day care providers who mainly look after youngsters up to the age of two will correct that loophole.

He told the House of Assembly on Friday: “The Children Act 1998 provides a process for the Chief Medical Officer to issue an order for the closure of a day care centre, directing the operator to close the centre within such time as may be specified in that order. However, there is no similar process for a day care provider.

“The absence of a process to issue an order to cease operations to day care providers was made evident earlier this year. An incident occurred where the well being of a child in a home day care was in question, resulting in the Department of Health issuing an order to the provider to cease operations.

“The day care provider consequently sued the Ministry on the premise that the Act, as it stood, did not enable such an order.

“The Amendment Act closes this legal loophole to ensure the Government has the authority to protect children in child care through appropriate regulatory measures.

“The adequate regulation of both day care centres and home day care providers is essential to ensure the well being of children under care today and in the future. Regulation of day care is part of the government's commitment to the protection of vulnerable populations.”

The bill was given support from all sides of the House as it passed with little fuss.

Leading the response from the United Bermuda Party,

Charlie Swan said: “We, like all Bermudians, want to protect those that are unable to protect themselves.”

But Mr Swan suggested the amendment could have waited until after a review of day care in Bermuda had taken place.

Bermuda Democratic Alliance MP

Shawn Crockwell said his party supports the legislation 100 percent.

He described the introduction of day care allowance as one of the great achievements of the current Government, but said many families still could not afford to spend much on day care.

Mr Crockwell said the new law would ensure a minimum standard is set across the board.

Environment Minister

Walter Roban said the legislation shows the Progressive Labour Party Government wants to look after the most vulnerable members of society.

Shadow Education Minister

Grant Gibbons spoke about the issue of day care, questioning whether it would be better to encourage parents to send their children to preschool.

Dr Gibbons said studies show being taught well at a very early age means children are likely to earn more and get a better education when they get older.

Former Education Minister

El James argued youngsters at this age need nurturing more than a qualified teacher, so they can learn social skills.

BDA MP

Donte Hunt supported the act but said parents need to do more to bring their children up properly.

Shadow Minister of Public Information Services, Public Administrative Reform and Constitutional Affairs

John Barritt said it was Government's responsibility to have standards for home day care.

He questioned why some amendments still seemed unclear and why it took more than a decade to pass the crucial legislation.

“There have been no regulations made with respect to day care providers in the home setting. Twelve years on (there is) nothing.

“That tells you something, someone has taken their eye off the ball in my view based on what I know that is something for which government must take extensive responsibility for.”

He added: “I guess the Government never did what it was required to do which is a real, real pity because that is why we are here today dealing with this legislation.”

Government backbencher

Randy Horton said it was vitally important for day care providers to give children a safe, warm, nurturing and happy environment to be in.

He said there were too many children, as young as four, walking around with frowns on their faces. This made him wonder what was going on in the country, he said.

Mr Horton said while growing up on Cook's Hill, in Somerset, there were families and houses all around him; and when children needed care “someone was always there to look after us and provide caring attention to us”, he said.

“The day has changed. We live in a new world today and if you go in any of these communities now you are not going to find people. People are working. People who want to look after their families are out working. As a result of them being out working the necessity of some having to look after other people's children is important.

“This is where the question of safety become even more important because you are dealing with other people's children and not just your own children or children in the neighbourhood.”

Mr Horton hoped the amendments would require care takers to uphold some minimum standards in child care.

He lauded Minister Blakeney's efforts to bring the new bill to the forefront “to rid the loop hole that was there”.But said: “Let's not lose sight of the importance in reaching and ensuring there are standards in place that at the end of the day are going to provide for our children the kind of individual stimulation we need to see for them to be successful and for us to be successful.”

Shadow Tourism Minister

Cole Simons said day care providers were part of the Island's culture. “We have always had young mothers taking in children where the parents are working. We have always had seniors trying to supplement their income.”

Many of these caretakers were doing a good job, he said, but it was important to tell people what kind of qualifications they needed and how they could get them.

Mr Simons, the Opposition Whip, said some educators were now required to undergo police checks before dealing with children. And he questioned whether care providers would have extensive checks to account for narcotic or spousal abuse.

Attorney General and Minister of Justice

Michael Scott disagreed with statements posed by UBP MPs that the legislation amendments were unclear. Mr Scott said: “The bill is quite clear in seeking to be responsive to incidents that have occurred.”

He said people were grappling with the high costs of living on the Island and were not able to be home as much. The Government being “a responsive” one noticed the need and entrepreneurs responded to fill in the gap in child care.

Health Minister

Zane DeSilva said children in home care could often get more attention than those in centres, where the child to care taker ratio was much higher in some cases 40 children to four caretakers.

Mr DeSilva hit back at Opposition Party candidate Mr Barritt for claiming Government didn't know how many care providers there were on the Island. He said Mr. Barritt could have spent “ten seconds” asking and would have learnt there are 117.

Mr DeSilva also responded to allegations that the PLP did not know how many day care providers were inspected and added: “Every provider gets visited once per year minimum so if you are going to put information out there do your homework.”

Government MP and Deputy House Speaker

Wayne Perinchief said every one was in support of the legislation, despite the questions raised.

UBP MP

Charlie Swan said the bill specified a “home child care provider” as someone who takes care of children for reward. He asked what “reward” meant and questioned whether it would include two or more co-workers who took care of the other's children in between shifts.

He said if it did it could force more people taking care of children “under ground”.

UBP MP Grant Gibbons questioned if day care providers had been inspected, to which Mr Blakeney said “of course, what a preposterous question.”

He also questioned why the act did not stipulate if residential day care providers would be inspected for sanitation and nutrition. Mr Blakeney said they would be and that it came under the overall safety inspection.