The court rejected the petition of the principal and assistant of a kindergarten in Rishon Lezion against its closure

The Magistrate’s Court in Rishon Lezion today (Tuesday) accepted the position of the State Attorney’s Office and rejected the petition of a principal and assistant at a kindergarten in the city of Rehovot, against the closure of the kindergarten due to an investigation conducted on suspicion of harming kindergarten toddlers. Following the court’s decision, the kindergarten will remain closed in accordance with an administrative order issued immediately upon the opening of the criminal investigation into his case by the Division of Day Care Centers and Nurseries in the Ministry of Economy and Industry, the Labor Arm. The petitioners were also ordered to pay court costs.

This is a home for about 20 toddlers aged 6 months to 3 years who operated in the city of Rehovot. On 11/29/21, an administrative restraining order was issued for the daycare center after a complaint was filed with the police by a mother whose son was treated at the daycare center. In response to the administrative cessation order, the director of the day care center and the kindergarten assistant filed a petition to revoke the order and return the day care center to activity. The petition was filed against the Division of Day Care and Nurseries in Early Childhood at the Ministry of Economy and Industry, and was conducted on its behalf by Adv."D. Daniel Hornstein of the Central District Attorney’s Office (Civil). It will be clarified that the complaints against the principal and the kindergarten staff are still pending and are being investigated these days by the police.

Immediately after the complaint was filed with the police, an investigation was opened in which the two petitioners were questioned, who were even under house arrest and were removed from the residence for several days. As part of the investigation, an order was issued for the security cameras of the day care center, which raised suspicions of aggressive and inappropriate behavior by the day care center’s director and assisting toddlers. Following this, and on the recommendation of the police, the Division for Day Care Centers and Nurseries in Early Childhood at the Ministry of Labor, Welfare and Social Services announced an administrative closure of the center, due to fears of harm to toddlers.

In response, the director of the kindergarten and the assistant filed a petition with an urgent request to revoke the administrative restraining order, arguing that the investigation does not in fact indicate a reasonable suspicion that justifies the closure of the daycare center. It was further argued that the decision was disproportionate in part because the petitioners had no criminal record and that no further complaints were received against them. The petitioners further claimed that the suspicions against them are at a low level and that closing the center means a ‘death sentence’ for the center and its employees. On the other hand, the State Attorney’s Office claimed that there was no defect in the issuance of the order which justifies its revocation and that it was a"A reasonable and proportionate decision that is at the core of the professional discretion given to the authority and the commissioner, since the circumstances of the case indicate a real possibility of immediate harm to the safety of the toddlers staying in the daycare center".

In this regard, the court ruled that on the one hand the closure of the daycare center should not be taken lightly, including the loss of a source of livelihood and serious damage to the good name and reputation of the kindergarten director, but stressed that the safety, health and safety of toddlers in the kindergarten : "Watching the videos reveals that this is indeed inappropriate behavior that includes aggression and borders on violence". Accordingly, the court ordered the dismissal of the petition and ordered the petitioners to pay legal expenses in the amount of NIS 5,000. The case was handled by Adv"D. Daniel Hornstein of the Central District Attorney’s Office (Civil).

Illustration. Photo: freeimages

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