Mexico has a new federal child care law

On June 5, 2009, disaster struck suddenly in the city of Hermosillo, in Mexico's northern state of Sonora. A fire broke out in a building next door to the Guardería ABC, a popular and busy day care facility, and spread quickly. The day care operated out of an antiquated building which was not equipped with smoke detectors, fire extinguishers or even designated fire exits. Events happened so fast that many were not able to escape. Forty-nine children died on the premises, and another 76 were injured. Most of the deaths were attributed to suffocation from the intense smoke. The victims ranged from five months to five years of age.

The country was shocked and outraged to learn that ABC was "operating in accord with law" -- in other words, that there were no laws specifically tailored to regulate child care facilities and guarantee the safety of young patrons. Today all that changed when Mexican president Felipe Calderón signed into law a comprehensive day care statute which will mandate the same kind of safety and security protections long obligatory in other countries. The new requirements are referred to by some as the June 5 Law.

"This is more the citizens' achievement than the politicians'," said the father of one young ABC victim, "even though all the parties (PAN, PRI and PRD) supported it." In addition to having basic safety equipment and escape routes, the statute requires that child care facilities create a formal security plan, and train employees how to execute it in case of an emergency. A Mexican federal agency will establish and monitor a list of all licensed day care facilities throughout the country, as well as their owners, operators and employees. Inspectors will be free to enter physical plants to check for violations of the new law.

Parents and family members of the ABC victims lobbied hard in support of the June 5 Law for over two years. Three officials in Sonora state face pending criminal charges of manslaughter and dereliction of duty arising out of the case.

July 29, 2012 - As many as 60 people could be charged with criminal negligence in the case.
July 28, 2012 - Nine former employees of Guardería ABC have been order to stand trial, allegedly for abandoning children after the fast-moving fire broke out.
June 4, 2012 - Students heckle Josefina Vázquez Mota over daycare fire