Misrepresentation By A Child Day Care Provider: NY Penal Law § 260.34

by ECL Writer
Predatory Sexual Assault Against a Child: NY Penal Law 130.96

What Does It Mean To Give Misrepresentations In Childcare?

A childcare misrepresentation occurs when a person or organization working in childcare gives others who would be interested in learning such information misleading information about the services or other crucial information. Additionally, omitting important details may be construed as a misrepresentation.


Here are a few ways that a person can provide a misrepresentation in childcare.

  • A child daycare center advertises that its daycare has a perfect safety record when, in reality, it has had several serious safety violations and incidents involving young children.
  • A daycare worker does not inform parents that if an infant is experiencing pain from teething, they are automatically given Tylenol.
  • A daycare provider fails to disclose an employee has a criminal child abuse record.
  • A daycare center that has a large pool out back states that only children over ten years old will be able to use the pool or be near the pool area. However, in reality, the daycare has teachers bring out smaller children to enjoy being around the pool.
  • A daycare states that all children will sleep in specially designed and federally approved cribs. However, the cribs were certified over ten years ago, and both the certification and the expiration date of the crib have passed.
  • A person seeking to obtain a childcare position from a couple lies that she has ten years of childcare experience when, in reality, she has only two. 
  • A daycare center states that all of their workers are licensed by the state when only two of ten individuals actually are licensed, daycare providers.

There are other methods than these for someone to falsify anything in childcare. Childcare misrepresentations are most likely to occur when a daycare or daycare provider makes a claim that is inaccurate, misleading or conceals information that a reasonable person would wish to know.

Misrepresentation By A Child Day Care Provider In New York

In New York, there are special laws designed to protect those who are vulnerable. People who are vulnerable include children as well as the elderly, those who are mentally incompetent, and those who are physically disabled. Under New York Penal Law § 260.34 you could be prosecuted for endangering the welfare of a vulnerable elderly person in the first degree if you are a caregiver, and

  • With intent to cause physical injury to that person, you cause serious physical injury, or
  • You recklessly cause that person serious physical injury.


A class D felony qualifies as endangering the welfare of an incompetent or physically challenged person in the first degree. If you are found guilty, you might receive a sentence of up to 7 years in jail, 5 years on probation, and a large fine.


You can only be found guilty under this legislation if the prosecution can demonstrate that you acted intentionally or carelessly. According to New York Penal Law 15.05(3), you would have engaged in reckless behavior if you knew that your actions would cause a certain amount of harm but chose to act in that way. You did not break the law if the old person suffered substantial physical harm but it was not your purpose and you did not behave recklessly.

In addition, a substantial physical injury, not merely a physical injury, must have been sustained by the older person in order for them to be found guilty under this provision. A major bodily injury poses a risk to life. A first-degree charge of endangering the welfare of a vulnerable old person would not be justified if the injury was not severe.

New York Penal Law § 260.34: Endangering The Welfare Of A Vulnerable Elderly Person, Or An Incompetent Or Physically Disabled Person First-Degree

When providing care for an aged person who is vulnerable, a person is guilty of harming their welfare in the first degree if they:

  • With intent to cause physical injury to such person, he or she causes serious physical injury to such person; or
  • He or she recklessly causes serious physical injury to such person.

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