The Court of Appeal in Hainaut is reviewing the case of three nursery workers found guilty of neglecting a minor in their care following the death of a three-month-old baby at Charleroi’s Dourlet crèche in May 2016.
Ciena, the baby, was discovered lifeless on 9 May 2016. She had been put to sleep on her back in a cot after feeding but was later found, two hours later, lying on her stomach contrary to guidelines issued by Belgium’s Office for Birth and Childhood (ONE).
Initially charged with failing to assist a person in danger, the three nursery workers had their sentences suspended for three years by the Charleroi Correctional Court in March 2024. The court ruled there was no conclusive link between the alleged negligence and the child’s death, but acknowledged their failure to act under potentially dangerous circumstances.
The parents of the deceased child, alongside the City of Charleroi, have appealed the ruling, arguing the case constitutes non-assistance to a person in danger. Their appeal is supported by the public prosecutor, who disagrees with the correctional court’s decision.
'Unusual behaviour' in Ciena before her death
The attorney general stated in court that staff at the crèche had noted unusual behaviour in Ciena before her death, including irregular sleeping and feeding patterns. He argued these signs required closer monitoring and criticised the nursery workers for failing to act for nearly two hours, calling their inaction culpable negligence rather than involuntary manslaughter.
Despite contesting the initial classification of the charges, the public prosecutor has not objected to the suspended sentences, citing the lack of prior convictions for the accused.
The lawyer representing the City of Charleroi supports the original court’s decision to classify the case as neglect rather than failure to assist. He described the workers’ conduct as negligent.
The grieving parents maintain that their daughter experienced significant distress while being left unsupervised for hours. They also emphasised that the baby was physically incapable of turning herself from her back onto her stomach, which they believe contributed to her death.
“We live with this tragedy every day,” her mother said, calling for accountability for the nursery workers’ careless behaviour.
The hearing is set to continue on Friday, with final arguments from the parents’ lawyer and defence representatives for the nursery workers, who had previously sought acquittal during the initial trial.
