Queens Tribune
 
....November 3, 2:22 PM
 
 
   
Day Care Owner Says Death Was Her Fault

By Jeff Feinman

After being charged with reckless endangerment in the death of a 7-month-old infant in early August 2004, the former owner of the Devlin Day Care Center in Forest Hills has pleaded guilty, admitting to the fact that her lack of supervision caused the child’s death.

Heather Zlotshewer, 35, left young Matthew Perilli in his crib unattended with two 3-year-olds during the summer of last year. While unsupervised in an upstairs room of the day care facility, the two children piled toys into the crib and caused Perilli to suffocate.

Zlotshewer was sentenced to 1,250 hours of community service and is permanently barred from employment in childcare and from obtaining a license to operate a day care center.

“As a caregiver entrusted with the lives of young children, the defendant should have known better than to leave a child alone,” said Queens DA Richard Brown. “While it may be little comfort to Matthew’s parents at this time, his legacy will be one that helps other children and their families be spared the suffering caused by actions like this.”

Prior to Perilli’s death, Zlotshewer had been blamed for the unsafe environment she provided for children. A criminal complaint last year cited Zlotshewer and Devlin Day Care for a number of violations. Citations included caring for six more children than allowed by her group license, operating in an unlicensed facility across the street while Devlin Day Care was being painted, and employing two assistants who had not yet been approved by the Department of Public Health.

On Aug. 11, 2004, investigators that were in the building heard commotion from the room upstairs. They were told that two toddlers were playing there. A few hours later, Perilli was found dead in the crib. The very next day, Devlin Day Care was shut down.

This incident has opened the eyes of health and safety officials around New York State. “Matthew Perilli died while in the care of this defendant, who ignored critical state and city regulations designed to protect children enrolled in a day care facility,” said Department of Investigations Commissioner Gill Hearn. Stemming from Perilli’s death, the Department of Health has heightened regulations on facility inspection and employee monitoring.