Tutor Time day care in Lindenhurst faces possible license revocation

A Lindenhurst day care’s state-issued license is pending revocation less than a week after an employee of the facility was arrested and charged with assaulting an 18-month-old girl.

Tutor Time of Lindenhurst’s license to operate as a day care center was pending revocation as of Wednesday, according to the facility’s publicly available profile through the New York State Office of Children and Family Services. The office issued 10 violations — including one regarding alleged corporal punishment — against the day care following a complaint investigation conducted on Friday.

On Feb. 28 Suffolk County police arrested and charged Tutor Time of Lindenhurst employee Megan Marchena with second-degree assault and endangering the welfare of a child, Newsday previously reported. On Feb. 24, Marchena, 26, of Massapequa, hurt “an 18-month-old female by pushing her face into a cot” at the day care, Suffolk police said. The toddler was brought to Good Samaritan University Hospital in West Islip, where she received stitches, according to Suffolk police.

The complaint against the day care was substantiated, and Tutor Time did not correct 10 state violations, according to the facility’s OCFS record.

The violated regulations include: “Children unable to sleep during nap time shall not be confined to a sleeping surface (cot, crib, etc) but instead must be offered a supervised place for quiet play;” “Children cannot be left without competent supervision at any time;” and “The program must establish and follow a written plan for behavior management that is acceptable to the office. This plan must include how the staff will approach challenging behaviors, help children solve problems and encourage acceptable behaviors;”

Also, “Corporal punishment is prohibited … the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child's mouth soap, foods, hot spices or irritants or the like;” “Staff and volunteers must be mature, of good character and possess suitable personal qualifications;” “child care center staff must immediately report any suspected incidents of child abuse or maltreatment concerning a child receiving child care;” and “The program must immediately notify the parent and Office upon learning of the following events involving a child which occurred while the child was in care at the program or was being transported by the program: serious incident.”

When asked about the incident at Tutor Time and the current status of its license, a spokesperson for the state OCFS emailed a statement: “The safety and well-being of all children in OCFS-licensed day care programs is our top priority. The license for this program is pending revocation following a complaint investigation conducted by OCFS.”

An employee of Tutor Time of Lindenhurst declined to comment when reached by phone Thursday evening. A message left for Kimberly Jelley, listed as the director of the Lindenhurst day care, was not returned.

The revocation of Tutor Time’s license will remain “pending” “until a final decision has been rendered by an administrative law judge or by a court, or until the enforcement action has been resolved,” according to a note on Tutor Time’s OCFS profile. The facility has been removed from the office’s referral list, but “may continue to operate while an enforcement action is pending,” according to information on its profile.

Marchena pleaded not guilty during her arraignment Saturday at the First District Court in Central Islip, according to court documents. Judge Pierce Cohalan set bail at $5,000 cash or $10,000 insured bond.

Marchena is due back in court on March 28, according to court records.

Maxwell Chase Brown, the defense attorney listed for Marchena, did not immediately respond to a call seeking comment Thursday evening.