Bill could put more abusive child-care providers behind bars

By Rick Brundrett - The (Columbia) State

COLUMBIA -- Child-care providers who seriously harm children would face mandatory prison time under a state bill to be introduced this month.

State Sen. Mike Fair, R-Greenville, confirmed Friday that his office is drafting legislation that would impose a mandatory minimum prison sentence on anyone -- including child-care providers -- convicted of inflicting great bodily injury on a child.

Fair said he favors even longer minimum sentences for convicted child-care providers, citing a recent Richland County case in which a home day-care provider received no prison time after admitting to seriously harming a 7-month-old baby.

"When I heard about this, I just thought we needed to touch all the bases," Fair said. "There should be some minimums ... and it should be higher for child-care providers."

Inflicting great bodily injury on a child is a felony that carries a maximum 20-year sentence, although it carries no minimum penalty.

Michelle Gaddie, whose infant daughter, Kendra, was the victim in the Richland County case cited by Fair, told The State she would support his bill. She said Friday her daughter still is recovering from her March injury.

"I would hate to think a child would have to die before changes are made," she said.

Victim's advocate Laura Hudson, executive director of the S.C. Crime Victims' Council, said the law needs to be changed.

"I've never known a judge to exercise his discretion for more time or more fines," said Hudson, who is working with Fair's office on the proposed legislation. "It's always for less."

But civil rights attorney Rauch Wise of Greenwood, who is not involved in Gaddie's case, said mandatory minimum prison sentences are a bad idea.

"They treat everyone as if they are a worse criminal than some of them are," he said. "If we continue to pass mandatory minimums, the prisons would become our biggest institutions in South Carolina."

North Charleston attorney Drew Carroll, president of the S.C. Association of Criminal Defense Lawyers, said mandatory minimum sentences likely will result in more trials and fewer plea bargains, causing the courts to "slow to a crawl."

Besides the charge in Gaddie's case, other crimes against children -- including lewd acts against a child younger than 16 and second-degree criminal sexual conduct against a minor -- also carry no required minimum prison sentences, a State newspaper review found.

State Rep. Shannon Erickson, R-Beaufort, who owns three licensed child-care facilities and is past president of the S.C. Child Care Association, said she has "no problem" with imposing higher minimum sentences on child-care providers convicted of harming children.

"When you're putting out your shingle, so to speak, saying, 'I promise to give child care,' then you have a higher obligation," she said.

Erickson added she would like to see legislation requiring home day-care providers, who aren't licensed by the state, to complete at least one hour a year of training in child-abuse prevention techniques.

Jerry Cook, owner of the licensed Gaston Preschool Center and current president of the state Child Care Association, said Friday he would support Fair's bill "100 percent" if it applies to everyone who provides child-care services, regardless of whether the providers are licensed.

"I'm a strong advocate for leveling the playing field," he said.

Fair said he hasn't yet worked out the specifics of his bill, which he plans to introduce when the Legislature convenes Jan. 13.

Gaddie earlier told The State she supports mandatory minimum sentences for crimes against children. Over the past month, she has protested outside the Richland County Courthouse and the State House.

A software consultant, Gaddie also has launched a Web site (www.justiceforkendra.com) about her daughter's case.

"I'm not going anywhere," she said Friday. "I'm going to see this through to the end."

Talisha Lavette Smith, a former Summit neighborhood home day-care operator, pleaded guilty Dec. 8 to inflicting great bodily harm on Kendra. Authorities said Smith slapped the then-7-month-old girl so hard on March 19 that it caused bleeding on her brain.

Michelle Gaddie and her husband, Patrick Gaddie, a U.S. Army staff sergeant stationed at Fort Jackson, earlier told The State they were shocked when Circuit Judge Kenneth Goode of Winnsboro gave Smith no prison time. Smith, who has no prior criminal record, received a 10-year sentence suspended to five years' probation.

The 5th Circuit Solicitor's Office formally has asked Goode to reconsider his sentence, although no action on the motion had been taken as of last week, Assistant Solicitor Margaret Fent said.

Michelle Gaddie said her daughter spent six days in the hospital, including time in the intensive-care unit. Her injuries affected her speech, Gaddie said, noting she continues to take speech therapy and sign language training.

"She said 'Da Da' on Christmas Eve for the first time," Gaddie said. "Nobody wants to say your child will be fine in a few years, but everyone is hopeful."