[Congressional Record Volume 145, Number 18 (Tuesday, February 2, 1999)]
[Extensions of Remarks]
[Pages E121-E122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                         JEREMY AND JULIA'S LAW

                                 ______
                                 

                            HON. RICK LAZIO

                              of new york

                    in the house of representatives

                       Tuesday, February 2, 1999

  Mr. LAZIO. Mr. Speaker, I rise today because an increasing number of 
moms and dads have to take their loved ones to day care while they go 
off to work. The time is right for me to introduce a new bill, Jeremy 
and Julia's Law. This bill has two parts: (1) A misdemeanor for a 
person who misrepresents intentionally the credentials of the day care 
provider or the conditions of the care provided, and; (2) A felony for 
a person who causes serious physical injury to a child under his care. 
This bill gives parents the peace of mind knowing that their children 
are safe and secure while being cared for by responsible, reliable, 
licensed, professional day care professionals.
  Last July in Albany, New York, a couple left their three-month-old 
daughter, Julia, in the care of a licensed, in-home day care provider. 
The provider lied about the number of children for whom she cared on a 
daily basis. Julia had been placed in a swing and left unattended. The 
baby was not supervised for twenty minutes. During that time, Julia 
threw up her food and choked on her own vomit. She was rushed to a 
local hospital, placed on life support, and tragically she was 
diagnosed as brain dead.
  The critical fact in this horrible story is that the day care 
provider lied. She told Julia's parents that she was caring for four 
children. An official investigation discovered that eight children were 
under her care.
  I must tell you another tragic story. Last January, three-month-old 
Jeremy Fiedelholtz was being care for by a licensed, in-home day care 
operator. His parents left Jeremy with the professional for two hours. 
It was a trial run; the parents were deciding if this day care 
professional was one they could trust. When the Fiedelholtz' returned, 
they found Jeremy face down in a crib, in a pool of his own vomit, 
dead. The state of Florida had licensed this facility to care for six 
children, but this woman

[[Page E122]]

had taken in 13 children that day. On the day that Jeremy died, while 
the owner ran errands, all 13 children were left at the mercy of a 
poorly trained staff person who was not CPR certified. The provider had 
lied to Jeremy's parents.
  The circumstances surrounding the deaths of these two infants are 
frighteningly similar. In both cases, the day care provider 
misrepresented to parents about the number of children who would be 
accepted daily, who would be responsible for caring for the child, and 
the qualifications of the person who would care for the child. Two 
children died after the day care professional misrepresented the 
conditions of care being provided. In both cases, the only recourse for 
the parents was in civil court. No federal or state criminal law 
applied. Under my bill, a crime will be committed if a day care 
provider intentionally misrepresents: (1) Credentials, licenses or 
permits that the provider or the staff possesses; (2) Number of 
children for whom they care, or; (3) Quality of the day care 
facilities.
  Most states do not have adequate criminal laws in this arena. In many 
states, there are standards but they are not consistently enforced. 
Critical gaps that would safeguard the basic health and safety 
standards for child care exist. For example, many states do not require 
small, in-home day care providers to apply for a license. Those 
providers are not inspected. Even when states require in-home providers 
to be licensed, most of the time there are no inspections.
  Today, millions of parents have no choice. They must make ends meet 
to pay the bills. So, they are forced to place their loved ones in 
child care while they work. Currently, 77 percent of all women with 
children under the age of 17 hold a job. Each day, about 13 million 
children under the age of six spend part of their day in day care. 
There are six million infants and toddlers who are being cared for by 
people that parents are hoping they can trust.
  Every parent wants to feel secure in knowing their loved ones are 
receiving quality day care. Quality care means providing a safe and 
healthy environment where care givers safeguard infants and nurture 
their development. Quality care means having a maximum number of 
children for each care giver. The best of all worlds means every child 
in day care receives as much one-on-one attention as possible. This 
bill gives moms and dads what they deserve--the peace of mind that goes 
with knowing their children are safe and secure and in the arms of a 
day care professional.
  Jeremy and Julia's Law is a fair bill. Prosecutors will be allowed to 
pursue day care providers that deliberately break the law. Parents will 
see justice done when their child is seriously injured or dies. I urge 
my colleagues to support this legislation.

                          ____________________