Hearing begins into supervision and care charges laid following death of Berry Patch baby Arianna Maragol

More than four years after a baby was found unresponsive during a nap at a Sydney childcare centre, a court has heard how staff were increasing the time between checking on infants in cots. Charges have been laid against the facility’s owner.

Anet Eyvazians with her late daughter Arianna, who died at The Berry Patch Preschool in August 2018.

The owner of a childcare centre is fighting supervision and care charges that were laid after an investigation following the death of a 16-month-old baby.

The baby’s parents Jozef Maragol and Anet Eyvazians have been grieving the loss of their daughter, Arianna, since the tragedy at The Berry Patch Preschool on August 24, 2018.

The 16-month-old was found unresponsive during nap time just after noon and was pronounced dead at hospital after 1pm.

A criminal hearing surrounding alleged supervision and care breaches involving Ms Jacobs was heard over five days at Parramatta Local Court in March 2021. Ms Jacobs’ charges do not relate to responsibility for the child’s death.

However, the parents have had to wait longer for answers after a delay in criminal proceedings.

Helen Elizabeth Jacobs faces a string of charges following the death of Arianna Maragol.

Ms Jacobs is fighting multiple charges including three counts of not adequately supervising children in care of service.

On Wednesday at Downing Centre Local Court, three witnesses gave evidence about the practices carried out with cot checks at the Keirle Rd centre.

Magistrate David Price told the court it was essential to state what constituted a reasonable time for an interval check on babies while they were sleeping.

The court heard how more than 10 childcare educators will give evidence and seven hours of CCTV footage will be played over several days.

Former Berry Patch childcare workers Christie Anne Lowndes and Briana McPherson testified on Wednesday.

Ms Lowndes, who provided statements to police on the day of Arianna’s death and in April 2020, was asked to give evidence about the centre’s policies, including how often checks on babies in cots were undertaken.

“The policy, it does state 10 minutes, but we were doing a trial of 15 minutes at the time,’’ she said.

The court heard how the idea for the trail emerged after a conversation between the director at the time, Nicole Taylor, and the educators in the babies’ room.

In giving evidence Ms Lowndes told the court she did “not have any dealings” in the discussions about policies.

Ms Lowndes, 42, told the court that if “educators couldn’t see the children moving on the mattress they would go into the room to check them”.

“With the baby’s monitors they were usually for when we were using them to see the children moving. If we couldn’t see the children moving, the staff would go into the room and physically turn the children.’’

The court heard that staff never used speakers to check on children in the cot.

In May 2018, Ms Lowndes undertook an online course conducted by Red Nose for early childhood educators about safe sleeping practices for babies.

Defence barrister Brendan Searson suggested to Ms Lowndes that the course did not cover how to provide cot checks such as monitoring a baby’s skin colour and rate of breathing.

Ms Lowndes said she did not recall.

Witness Christie Lowndes leaves Downing Centre Local Court after giving evidence.

When asked by the defence about Berry Patch’s policies in the 12 months before August 2018, she said she could not recall. She did recall that Red Nose guidelines were displayed at the centre.

“It would have been in regards to the guidelines about posting babies on their back.’’

When giving evidence, Ms McPherson, who just started working at Berry Patch shortly before August 2018, told the court she did not recall procedures about cot checks.

The 23 year old told the court she did not recall specifics of the day Arianna died and whether “blanket toys” were used in cots but said they were “quite common’’ when she worked in that room after the death.

Mr Searson presented her with a blue sheet to ask if it was one similar to what would have been used at Berry Patch, but she said the centre’s sheets were fitted “to hold the mattress”.

Several documents that she signed, including a working with children check and a policy about working with children who had allergies, were presented.

During cross examination, former Australian Children’s Education and Care Quality Authority’s policy and strategic programs general manager John Mason was asked whether the authority provided training on how to assess a child’s breathing or skin colour.

Helen Elizabeth Jacobs leaves leaves Downing Centre Local Court with her barrister Brendan Searson (front).

Mr Mason told the court there were ACECQA-approved first aid courses but other programs did not fall under his former job role.

The court later heard it was “impossible” to agree on how often children should be checked because there were no set standards between August 2017 and 2021.

Mr Price said it was an “extraordinary proposition” that people who worked in childcare centres should always be within sight and hearing distance of sleeping children “so they can assess the child’s breathing and colour of their skin”.

Referring to Mr Mason’s statement about training on safe sleeping practices for infants and babies, the defence said there were no regulations or legal requirement for staff to undertake training, to which Mr Mason agreed.

Mr Searson said: “In that context, from October 2017 to 2021, there wasn’t any requirement on approved providers or nominated supervisors to provide their staff — their educators, their childcare workers — on training on safe sleep practices.’’

Mr Mason said: “That’s correct, there wasn’t a requirement.’’

Ms Jacobs has pleaded not guilty to three counts of children in care of service not adequately supervised, three counts of not protect children from harm or hazard – approved provider, three counts of staff etc not follow policy/procedures – centre-based service, three counts of children not adequately supervised – nominated supervisor and fail to keep prescribed documents available for inspection.

The hearing continues.