In 2022, a parent's worst nightmare became a reality. Their infant child came home with bruises after attending Hand in Hand daycare in Eau Claire, Wisconsin. 

The daycare worker, Mercedes Bergeron, was charged in 2022 with two counts of physical abuse of a child by a childcare provider. 

On August 27, 2024, she pled guilty and was placed in a deferred prosecution program, also known as Deferred Acceptance of Guilty Plea Agreement (DAGP). If she successfully completes this program, the felony charge will be dismissed in August 2027.  

Hand in Hand advertises itself as "A Place For All Children" and provides "unique" program services of "infant child care."

Hand in Hand was cited under Wisconsin Ch. DCF 251.07(2)(e) in 2022 for "prohibited actions," stating "On 8/19/22, an employee kicked a 6 month old child on the chin causing him to fall back and hit the back of his head on the floor and roughly grabbing the child by the arm and tossing him onto the floor." 

These were the actions by Mercedes Bergeron. Hand in Hand was only cited $1,000 fine and given a Correction Plan. 

These horrific incidents came after the Eau Claire daycare center was cited for multiple instances where children were not closely supervised and/or did not have a qualified teacher to supervise a group of children.

Wisconsin Administrative Rules for Child Care Centers

Wisconsin Ch. DCF 251 is the Department of Children and Families Administrative Rules for Group Child Care Centers and Child Care Programs established or contracted for by School Boards.

DCF 251.07(2)(e) provides that "actions that may be psychologically, emotionally, or physically painful, discomforting, dangerous or potentially injurious are prohibited."

DCF 251.07(2)(e)(1-5) lists the following examples of prohibited actions:

1. Spanking, hitting, pinching, shaking, slapping, twisting, throwing or inflicting any other form of corporal punishment.
2. Verbal abuse, threats or derogatory remarks about the child or the child's family.
3. Physical restraint, binding or typing to restrict movement or enclosing in a confined space such as a closet, locked room, box or similar cubicle.
4. Withholding or forcing meals, snacks or naps.
5. Actions that are cruel, aversive, frightening or humiliating to the child.  

Family Child Care Centers are regulated under DCF 250. Group Child Care Centers & Child Care Programs are regulated under DCF 251. Day Camps are regulated under DCF 252.    

Regulating Child Care Centers in Wisconsin

The Wisconsin Department of Children and Families (DCF) is responsible for overseeing all the state's child care regulation, and DCF monitors all licensed and many certified child care providers. In Wisconsin, there are both unregulated and regulated daycare centers. Regulated daycare centers are made up between licensed child care centers and certified child care centers. Licensed providers can care for 4+ children under the age of 7, whereas certified child care centers are voluntarily regulated and can provide care for up to 3 children under the age of 7. Certification is a voluntary form of regulation and is available for those child care providers who are not required to be licensed but who care for fewer than 4 children under the age of 7. Some providers may opt for the certification due to the subsidies and food program offered by the State of Wisconsin. 

Licensed daycare centers fall into 3 different categories:

1. Licensed Family Child Care Centers - provide care for between 4-8 children. 
2. Licensed Group Child Care Centers - provide care for 9+ children. 
3. Licensed Day Camps - seasonal programs with 4+ children ages 3 and older. 

A regulated daycare center is preferred because Administrative Rules require background checks of employees, mandatory reporting to DCF for certain injuries and death of a child, mandatory reporting to parents in certain circumstances, minimum insurance coverage, regular inspections, and compliance with DCF investigations.  

Can a Daycare Center Be Held Responsible for Physical Abuse?

Daycare centers have a legal duty to protect children in their care from harm. If a child is physically abused by a daycare employee, the daycare center may also be liable under a negligence claim, such as negligent supervision or negligent hiring practices. 

At Lojewski Abuse & Injury Law, Kristen pursues all avenues of legal recourse and fights for justice for your child like she would fight for justice for her own child.