The drowning of a 3-year-old boy at a Westbrook day-care center was tragic.
Our condolences go out to the parents of Andrew Thurston. No parent should have to attend a funeral for a child, as they did, but to lose a child so young to a tragic accident like this one is among the most devastating turns life can take.
That sadness can easily turn to anger, however, knowing that such a tragedy could have been prevented.
The details of the investigation into the death, released by police and state authorities April 4, are enough to elicit a gasp from anyone who reads them. It was surprising to learn not only how lax the Koala Child Kare and Learning Center was in its operation of its pool, but how few rules the state has to ensure the safety of children in pools at every day-care center.
On the morning of March 26, swimming instructor Patricia Lobley, 62, of Westbrook, was giving swimming lessons to five children in the pool at the Koala day-care center, according to accounts from Westbrook police and the Department of Health and Human Services. At the end of the lesson, Lobley gave the children permission to take off their flotation devices and get back in the pool and play. That’s when Thurston walked to the far side of the pool, behind Lobley, who apparently lost track of him long enough for him to drown.
The Department of Health and Human Services has found the drowning was the result of neglect and inattention on the part of both Lobley and the owner of the daycare, Kim Cairns. Even though the brochures that Koala gives to parents state that swimming activities are supervised by a Red Cross-certified swim instructor, Lobley had not been certified since 1978. If the center had been following Red Cross Water Safety guidelines for children of this age, an adult would have been paired with each child.
Unfortunately, it took the death of a child to bring this day-care center’s practices to the attention of authorities because the state has been doing little to ensure that pools are operating safely. Although the state has some basic rules that govern the operation of pools – requiring that they be registered with the state and keep lifesaving equipment nearby – the state doesn’t actively seek out pools for inspection and has no employees dedicated to inspecting those pools.
The Department of Health and Human Services, which licenses day cares, currently has 14 licensors and two supervisors on staff. The ratio of licensors to day cares in the state is 1 to 179. And it seems there is confusion over which state body should regulate day-care center pools.
“We have always followed state guidelines and will continue to do so. This is a horrific accident, and nothing is going to bring Andrew back,” Cairns said last week in response to the state findings.
This has undoubtedly been an incredibly trying time for Cairns and the staff at her day-care center. They will live with this tragedy for the rest of their lives, and Cairns is right – nothing is going to bring Andrew Thurston back.
However, it is clear that the safety practices at this day-care center and the state’s oversight of it were inadequate, and improving them could ensure that no more parents have to attend a funeral for their child because of a drowning.
Brendan Moran, editor
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